Posts Tagged ‘Prop 8’

Victory for CA Families – Prop 8 Overturned (for now)

February 7, 2012

This afternoon, a federal appeals court found that Proposition 8 – the 2002 voter-approved ban on same sex marriage in California – is in violation of the U.S. Constitution.  The 2-1 ruling will have  little bearing on the struggle for same-sex equality in other states, however, because the ruling was based on the fact the freedom to marry a same-sex partner was – at one time – granted to Californians. The decision states:

“Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently. There was no such reason that Proposition 8 could have been enacted.”

And further:

Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California.” [Em. mine]

It’s been a long road for California on this issue, and no one believes that this ruling is the end of the line. In fact, yet another “stay” is expected to be placed on the ruling – preventing same-sex marriage while a third such ruling is appealed.

The National Organization for Marriage (NOM) condemns the ruling and doggedly vows to take the matter to the Supreme Court. Interestingly, NOM’s The Threat to Marriage page conatins absolutely no explanation of how same-sex marriage threatens marriage. Go figure.

Op-ed columnist Frank Bruni had a piece in the NY Times yesterday that gives a good perspecitive on this. He points to the policies of forward-thinking companies as an augur of times to come:

…same-sex marriage, enacted in New York last June and now under serious consideration in Maryland, Maine and New Jersey. It’s the future. And the response of corporate behemoths based in the state of Washington reflects that.

In addition to Starbucks, Microsoft and Amazon spoke up for same-sex marriage. All have surely taken note of several polls over the last year suggesting — for the first time — that a slight majority of Americans supports it. All have no doubt taken even greater note of a generational divide. In a Gallup poll, 70 percent of people in the 18-to-34 age range favored same-sex marriage…

More so than politicians, corporations play the long game, trying to engender loyalty for decades to come, and they’re famously fixated on consumers in their 20s and 30s.

Further info:

Prop 8 Trial Tracker – a project of the Courage Campaign Institute

Prop 8: The Musical – The 2009 classic. Still funny & compelling.

Prop 8 & Gay Marriage – A Point by Point

December 18, 2008

I have a hard time understanding the current fervid “defense of traditional marriage” position. How is marriage being attacked, again? As Jason Linkins pointed out recently on Huffingtonpost:

…it’s a lot like saying that my preference for chocolate ice cream over vanilla threatens the sanctity of dessert. Must we have these conversations over harms that are entirely imaginary?

But way too many Americans voted for Prop-8 or similar legislation, so what did they tell themselves to make that okay? I’m trying to understand. I am. Which is why when Jon Stewart managed to have a civilized discussion about gay marriage with Mike Huckabee this week, I sat up and paid attention. Huckabee speaks for the core of social conservatives, right? What did he have to say when Stewart questioned him?

…um, that’s all he’s got? Sadly, I was expecting more. If you look closely at what he asserts, you find merely age-old rhetoric without an ounce of logic or demonstrable fact.

Don’t believe me? Let’s take a look:

  • Marriage between a man and a woman should be the only marriage because “it’s always been that way.”

Since when has this been a vaild reason for anything? Earlier in this country it had “always been” that a woman had no right to enter into a contract of any kind and she legally held no possessions. First she was a dependent of her father and then a dependant of her husband and held no legal rights to make life choices that might go against their wishes. (See Debran Rowland’s awesome book,  The Boundaries of her Body.)

In 9th century Europe, and for centuries before, it had “always been” that a woman who learned to read was sinful, dangerous and very likely possessed.

Things that had “always been” but were eventually changed for the betterment of society are so numerous you could dedicate a book to the topic.

And besides that, it HASN’T always been that way. Far from it. Although Huckabee boldly asserts that it was one man one woman for “the past 5000 years of recorded history,” it’s just not true. In a 2006 article historian Stephanie Coontz writes:

Pundits and politicians love to pontificate about strengthening traditional marriage. But as someone who has studied marriage forms and family life for more than three decades, I wonder how many of them have the faintest idea of what they’re talking about.

I suppose they mean the “traditional” marriage of one man and one woman.

But through most of human history and in most cultures the most widely accepted tradition of marriage has been polygamy — one man and multiple women. We’re not just talking about exotic island cultures or lost tribes in the African jungle. Polygamy is the family form most often mentioned in the first five books of the Old Testament.

In some societies, traditional marriage meant one woman wedded to several men. In others, a woman could take another woman as a “female husband.” In China and the Sudan, when two sets of parents wanted to forge closer family ties and no live spouse was available, one set sometimes married off a child to the “ghost” of a dead son or daughter of the other family. Among the Bella Coola and Kwakiutl native societies of the Pacific Northwest, two families who wished to become in-laws but didn’t have two sets of marriageable children available for a match might even draw up a marriage contract between a son or daughter and a dog belonging to the desired in-laws. Most traditional marriages were concerned with property and wealth, not love or sex.

But what about the sanctity of marriage in the Christian tradition? It is true that Jesus, contradicting Moses, forbade his followers to divorce. But Jesus was not very keen on having them marry in the first place, holding that it was better to abandon worldly ties and dedicate oneself to building the faith. “If any man come to me, and hate not his father, and mother, and wife, and children, and brethren, and sisters, yea, and his own life also, he cannot be my disciple” (Luke, 14). The Apostle Paul thought that getting married was better than burning in hell for unmarried fornication, but that the truly good thing was to remain a virgin and devote oneself to spreading God’s word. [Em. mine]

  • Marriage is all about making babies and hey, they just ain’t got the plumbing for it…

We’re talking about the law here. What part does procreation play in the law of marriage? Barren couples can marry. A couple can marry who has no intention of ever having children. A couple can marry and then proceed to adopt the offspring of others. All perfectly up and up. So the feeling is basically “As long as you’re having sex the way we expect you to, your marriage doesn’t have to be about procreation at all!”

And seriously, what does he mean by

“But even anatomically- let’s face it, the only way that we can create the next generation is through a male female relationship.”

So… gay marriage would replace heterosexual marriage and therefore lead to our eventual extinction?

  • If you “open up” the definition of marriage to include same sex couples, then you “have” to open it up to include everything else – (with multiple spouses, children, and animals ostensibly the first in line.)

Really? Why? Because you need to equate two men falling in love, getting married and spending their lives together with the profound abuse of children and animals? (assuming the animal marriages were, uh…consummated.) Sadly the equating of “grave sins” with whatever he disagrees with is not new territory for Huckabee.

Let’s look at other groundbreaking moments of  “redefinition” over the past 60 or so years.

* When “free man” in the US was redefined to include all races, were children suddenly emancipated from parents? Live stock emancipated from owners? Pets roaming the streets? Zoos emptied?

* When the definition of a legal voter changed to include women, did the floodgates open so that children, animals, and immigrants suddenly lined up at the polls?

* When an interracial couple could legally marry – did that immediately pave the way for marriage between homosexuals, children, animals, and next of kin?

Then why? Why would gay marriage lead to everything else you propose? Never once has anyone elaborated on this. Why.

  • It says so in the bible.

This one is so flawed that even Huckabee didn’t touch it during his Daily Show chat. First of all, contrary to the opinions of some, the bible does not inform our laws. Cheating on your spouse, disrespecting your parents, shouting “Goddamnit, Jesus Christ!” and lusting after another dude’s wife are all perfectly legal. Rather, our laws are explicitly informed by the US Constitution and the Separation of Church and State is in its oldest amendment.

That really is all that needs to be said to on the topic. Separation of Church and State. Yet, it’s only the beginning of why this “reasoning” is flawed. So although I don’t have to go here, it’s so much fun, why the heck not?

Yes, the bible says a man shall layeth with a woman, etc… The bible, in fact, says a lot of things. Deuteronomy Books 21 and 22, for example, have an awful lot to say…

  • You must stone to death a disobedient child. Deuteronomy 21:18-21
  • “A woman shall not wear anything that pertains to a man, nor shall a man put on a woman’s garment; for whomever does these things is an abomination to the Lord your God.” Deuteronomy 22:5
  • Any man whose bride has not shown sufficient evidence of virginity upon the wedding night must publically stone her to death upon her father’s doorstep. You know, to “purge the evil from the midst of [him].” Deuteronomy 22:13-21
  • If a married man cheats with another woman “both of them shall die.” Deuteronomy 22:22

(The previous culled from the wonderful Michael Shermer in his book Science Friction.)

Sure, there are lots of positive “do unto other” sentiments in the bible, especially once God has a son and everyone mellows out. But if you proclaim that what is written in the bible is the word of God, how can you dismiss some points while emphasizing others as absolute truth?

As Shermer says:

The problem here is consistency, and selecting ethical guidelines that support our particular or social prejudices. If you are going to claim the Bible as your primary (or only) code of ethics, and proclaim […] that homosexuality is sinful and wrong because the Bible says so, then you’ve got to kill rebellious youth and nonvirginal premarried woman.

Instead, the social conservative culture chooses to target homosexuals (no marriage!) while going easy on equally offending sexually active single women (please marry!…Oh, and have babies as soon as possible…)

Prop 8 proponents also spew another attack line, which again Huckabee was smart enough to avoid in his tete a tete with Stewart – Gay marriage defiles children. How?

The official Prop 8 site has this cute video (I’ve linked to it before, I know…) where a couple fears for the well being of their child because a teacher spoke about same-sex marriage in class. How the child would be harmed is never delineated.

This woman, gets more specific with

If you look at homes where one parent abuses the other parent, especially if the child is a girl, she will grow up to pursue guys who abuse her. My prediction is that if two lesbians raise a little girl/boy, the child will have a very high chance of either committing suicide or turning homosexual himself. Especially if one of the parents has been artificially inseminated.

She also happens to believe

…homosexual lifestyle leads to high rates of suicide, depression, HIV, drug abuse, STDs, and other pathogens.

What kind of koolaid has she been drinking? I don’t even feel the need to rebut this, as it’s a sentiment that has never been substantiated in any way – not even in theory.

Random House defines homophobia as “unreasoning fear of or antipathy toward homosexuals and homosexuality.” Now, explain to me how actively supporting Prop 8 (or similar legislation) doesn’t make you homophobic.

Go on , Huckabee. I’m listening…

“Proposition 8 is an Embarassment…To ALL Americans”

November 9, 2008

I’ve had zero time to blog recently, but came across a well-written comment on the passing of Prop 8 in California and want to quickly second it. Although a significant mental disconnect exists in embracing the intelligent musings of one whom I’ve come to unconsciously view as the horny and hapless Charlie Runkle, I have to admit that Evan Handler is spot on with the sentiment

“[T]he passage of Proposition 8 in California is an embarrassment to, and an indictment of, all Americans.”

He also noted that although the gay community is vocally protesting the measure, the straight community has been shamefully quiet. He’s right, and it’s another reason I’m taking a few minutes to write this tonight.

Handler continues

Denying any Americans any rights that other Americans hold is discrimination. Period. It doesn’t matter whether the discrimination is motivated by morality, or religious beliefs, or a Ouija board, it’s still discrimination. And that makes it illegal. (And that comes after the fact that it’s wrong.) It should be clear to everyone (or made clear to them) that it puts us all in danger of the same kind of discrimination being pointed our way the moment someone decides we’re on the wrong side of their moral or religious measurements.

He suggests supporting those businesses who openly opposed the proposition – notably Google and Apple, each of whom formally denounced Prop 8 – and denying business to those who supported it. This is my favorite way to protest, capitalism at its very best – hit ’em in the pocketbook!

Already the struggle has begun to overturn Prop 8 in court. You can sign a petition to Gov. Schwarzenegger or donate to the Invalidate Prop 8 campaign at the LA Gay and Lesbian Center. All donations are made in the name of the Thomas Monson, head of the Mormon Church, which spent $15 million on a PR campaign to convince people gay marriage would corrupt and defile their children. Many more suggestions are available on the What Do We Do Now? page at ProudParenting.com.

Thanks to Ann at Feministing, here are the outcomes of other Nov 4th ballot measures affecting LGBT rights:

Amendment 2 in Florida: Passed. Yet another gay marriage ban.

Proposition 102 in Arizona: Passed. As Dana noted previously, “Arizona became the first state in the nation to reject an anti-gay marriage amendment in 2006, but they’re likely to pass the measure this year, now that it has been stripped of language that also denied domestic partnership benefits to hetero couples.” Looks like that was the magic change to make bigotry palatable to Arizona voters.

Act 1 in Arkansas: Passed. Now gay couples are unable to adopt or foster-parent children. This from a state with 3700 children in the foster-care system, and only 1000 foster homes. Disgusting.

Question 1 in Connecticut: Failed! Lindsay at Female Impersonator explained earlier that this initiative would have allowed the state constitution to be changed — essentially clearing the way for anti-gay and anti-choice amendments to be tacked onto it. Glad it didn’t pass.

CA Corporations Step Up To Say NO to Proposition 8

October 23, 2008

California-based mega-companies are uncharacteristically coming forth to speak out on a political issue.

Yesterday Apple publically came out against Proposition 8, the California ballot initiative to reverse the state’s recent legalization of gay marriage by amending the state constitution.

Apple is publicly opposing Proposition 8 and making a donation of $100,000 to the No on 8 campaign. Apple was among the first California companies to offer equal rights and benefits to our employees’ same-sex partners, and we strongly believe that a person’s fundamental rights — including the right to marry — should not be affected by their sexual orientation. Apple views this as a civil rights issue, rather than just a political issue, and is therefore speaking out publicly against Proposition 8.

In September Google did the same, stating

…while there are many objections to this proposition — further government encroachment on personal lives, ambiguously written text — it is the chilling and discriminatory effect of the proposition on many of our employees that brings Google to publicly oppose Proposition 8. While we respect the strongly-held beliefs that people have on both sides of this argument, we see this fundamentally as an issue of equality. We hope that California voters will vote no on Proposition 8 — we should not eliminate anyone’s fundamental rights, whatever their sexuality, to marry the person they love.

For more information visit No On Prop 8. For some outrageous/head-shaking/hilarious propaganda (depending on your viewpoint and/or mood), check out the interview of

“Robb and Robin Wirthlin, the Massachusetts parents who courageously decided to fight the system after teachers began teaching second graders about gay marriage in public schools.”

at ProptectMarriage.com. Because as everyone knows, “protection of marriage” is all about protecting the poor little children! Seriously, God-fearing Robb can barely choke out the words “homosexual” and “gay.” He pauses then practically whispers them. What’s wrong with these people?