Proposition 8 approved

The Constitution of the State of California now prohibits gay marriages after the 2008 General Election ballot approved Proposition 8 which amended the provisions thereof to specifically state that "only marriage between a man and a woman is valid or recognized in California."

Now I did not talk about Proposition 8 in previous blogs because it was a non-issue for me. Aside from the fact that I'm not from California, I had all the while believed that it was NOT going to be passed. I mean c'mon, it's California, for crying out loud. Imagine my surprise when news came out that Proposition 8 passed.

Proponents of the amendment argue that marriage has to be protected at all costs, and must be between a man and a woman since the primary responsibility of the family is to procreate. This argument ignores the very nature of a marriage contract - that it is a contract. The gay agenda is not just about commitment and warmth and affection between two loving gay individuals to be recognized, nor is it just about equal protection among homosexuals and heterosexuals alike, but also equal protection among themselves. How can gay couples exercise these rights without a valid marriage in the first place? Read: divorce. True, gay couples cannot procreate without any sort of intervention by a third party as compared to that of heterosexuals, but procreation naturally occurs with or without marriage, or haven't these people noticed? From biblical times up to present, who ever said that marriage is required in order for humanity to continue to exist? Again, the procreation argument overlooks the fact that a marriage is a contract. It is an agreement between two individuals thus giving them inalienable rights that the law has to recognize. These rights are what gay couples are after. I agree with Apple when it voiced out its opposition to Proposition 8, that it is a fundamental civil rights issue. Note that it mentioned that it is not just a civil rights issue, but a fundamental one. The gay rights movement is beyond crying out and condemning discrimination. That was some 30 or 40 years back. What it is seeking out are those fundamental civil rights that are supposedly accorded all citizens under the equal protection clause.

Another issue arises from this constitutional amendment. What happens to the status of married gay couples in California? Under the US Constitution, ex post facto laws are prohibited which means that a subsequent law cannot retroactively apply to change the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of that law. Since the California Supreme Court had ruled that gay marriages are legal, the subsequent passing of Proposition 8 cannot retroactively apply to invalidate those marriages entered into by gay couples who in good faith were acting under the rule of the law. Take note that Supreme Court rulings have the force and effect of law.