The Voters Have Spoken – Prop 8 Passes – For Now

After one of the longest and most passionate proposition campaigns I can remember, the voters of California approved Prop 8 by a small majority.  The passage will Constitutionally ban gay marriage in the state.  The only other proposition I can remember with such a heated debate was Prop 187, which banned services for illegal immigrants.

I voted No on 8, but the electorate has spoken and the ban on gay marriage passed.  You might not always agree with the propositions, but at least it puts the issue and the debate out there.  It is much better than letting the courts decide the outcome, even though that will probably be the result of the passage of Prop 8.

Prop 8 will most likely fall to the same fate as Prop 187.  Before Prop 187 was passed, there was a court case that mandated that illegal immigrants be provided basic services like schooling and emergency services.  So, since Prop 187 directly contradicted the federal ruling, it was basically null and void.

The California Constitution has an “equal protection” clause that does not allow discrimination based on race, religion, sex, or sexual orientation.  Prop 8 basically contradicts this part of the Constitution.  So what happens when a new amendment contradicts an existing part?  That’s where the lawyers and judges come in, and why I feel that even though Prop 8 passed, it will not be enforced.

That is the problem with these broadbrush, blanket propositions.  They cover such a huge scope that there is bound to be some sort of legal ramifications or problems enforcing them.

One of the main arguments for Prop 8 was that children would be taught about gay marriage in schools and that it was to protect our children.  If that was really the case, they should have made a proposition that controlled the teaching of gay marriage in schools.  This should have allowed parents to remove their children from class, require notification, and have more of a say in what is being taught.  It would also not have affected gay couples.

That would have passed with flying colors and without a lot of legal challenges.  It would be a fair proposition that pro-gay rights and anti-gay rights could agree on.  Rather than trying to limit civil rights of one group or the other, logical legislation should be discussed and worked out.  Focus on the smaller issues because those will have more room for compromise.

So, in the end, even though Prop 8 passed, it will be very hard to actually become part of our constitution.  All it really did was waste a lot of time and energy and create a lot of hate on both sides.


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2 Responses to “The Voters Have Spoken – Prop 8 Passes – For Now”

  1. Molly Says:

    I agree with your post and appreciate your thoughts. It is so unfortunate the amount of money and time that was spent on a divisive and mean spirited YES campaign and a defensive NO campaign. So unfortunate!

  2. leftoverkumquats Says:


    Even with the hope that Prop 8 will be repealed, until then I will be disgusted and depressed over the fact that people have forgotten the civil rights era and are yet again voting to in effect have “gay” fountains and “straight” fountains. While I don’t agree with people signing their kids out of Sex-ed or education on gay marriage I would support the measure if it would stop more Prop 8s from oppressing an entire culture.

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