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Friday, October 31, 2008

VOTE NO ON PROPOSITION 8

And special note for Californians: VOTE NO ON PROPOSITION 8!!

I'm just going to wade in here and put in my two cents on Prop 8, the effort to amend the California constitution to explicitly ban gay marriage in this state. I'm no constitutional scholar, but it's my belief that the purpose of a constitution is establish the rights of citizens, not to remove rights. Constitutions should give you rights, the right to vote, the right to gather, the right to bear arms, the right to a trial by jury. The 9th Amendment even specifically covers "unenumerated rights", or those which are considered fundamental rights of any human being. The only amendment to the US Constitution to remove a right, (Prohibition) was a disastrous failure.

Proposition 8 explicitly seeks to "eliminate the the right of same sex couples to marry", that is, it seeks to DIS-enfranchise a particular segment of the population. That's a slippery slope. I ask you, who will be disenfranchised next by public vote?

In May of this year, the California Supreme Court struck down an existing ban on same sex marriage, noting that in 1948 the court had struck down a similar ban prohibiting interracial marriage: "'Equal respect and dignity' of marriage is a 'basic civil right' that cannot be withheld from same-sex couples...sexual orientation is a protected class like race and gender, and any classification or discrimination on the basis of sexual orientation is subject to strict scrutiny under the Equal Protection Clause of the California State Constitution."

And yet, in today's Chronicle, a new poll suggests that Prop 8 may pass. "The same-sex marriage battle is the top California issue on the ballot and the new poll suggests the final margin could be razor thin, with victory within reach for either side." You can donate toward defeating this prop, but most importantly, get out there and VOTE. This is important not just for gay rights, but for EVERYONE'S rights! (Thanks to Julie and Jodi for the links.)

And Californians and San Franciscans, if you'd like our specialized opinions on the five billion California and San Francisco propositions, feel free to email me.

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