Thoughts on Proposition 8
California courts have rejected overturning the results of proposition 8. Had they done so, gay marriage would have again become legal in California.
We went through this whole debate in Canada not very long ago. The gay marriage proponents won.
For those of you who don’t follow my every word, I was neither in favour, nor was I opposed.
I was, and I remain of the opinion that the word “marriage” should be defined by society and religious institutions, not the Government or the Courts. If marriage is such a deeply person thing, then why is the Government defining it at all?
In California, however, there is another dimension – democracy.
California voters decided this outcome in a fair and legitimate democratic process. Had the courts simply overturned the decision of the people, it would have been a slap in the face to the democratic traditions of that State, not to mention the people who won.
For this reason alone, the court decision was the right decision.
There will undoubtedly be another referendum, and, failing some radical shift in California demographics, it will inevitably pass (even the Governator realizes this). Proponents of gay marriage should not fret about the court decision – winning a referendum would be a far more legitimate win, rather than through activist judges in a courtroom.
A court decision against the will of the people would only serve to enrage opponents, and further polarize the debate.
For opponents of gay marriage, the writing is on the wall. Unless they adapt a more modest proposal (such as removing the word marriage from law completely, equally and for all couples), or there is some massive demographic shift in the next 3-7 years, they will eventually lose a simple yes vs. no in this debate (and, in my opinion, so they should – for both poor strategy, and a heartless disinterest in civic fairness).
I will be watching the debate from afar (with an occasional trip to Disneyland, of course) with great interest.
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