I guess the best result for me would have been a constitutional amendment at once overturning the California court's opinion and establishing gay marriage, but obviously, that wasn't on the table.
11/06/2008
Gay Marriage
Just to be entirely clear, though I thought the California Supreme Court's opinion legalizing gay marriage was an outrage from a legal standpoint, I would certainly have voted against proposition 8. Some theoretical displeasure with how gay marriage appeared on the scene would not have justified taking away people's rights.
Subscribe to:
Post Comments (Atom)
1 comment:
Yes, I would have preferred a Prop. 8 that said, "The state constitution does not provide a right to same-sex marriage." Because the California constitution does not have an Equal Rights Amendment that bars discrimination on the basis of sex, I'm personally skeptical that the state constitution has any guarantee of a right to marry regardless of sex. Notably, when the CA Supreme Court decided Perez v. Sharpe in 1948 and overturned the anti-miscegenation statutes, they did so on the basis of the federal constitution, not the state's.
I find it interesting to see how people with legally conservative but socially liberal views prioritize these things. I suspect that because you positively approve of same-sex marriage, rather than just being indifferent to it, you would vote against Prop. 8; your desire for equality outstrips your desire to poke the CA Supreme Court in the eye. Ditto for several other bloggers (Patterico, Kaus, et al). The calculation goes the other way for folks who aren't really supportive of SSM in the first place.
Post a Comment