A possible Prop 8 solution?
Nov. 5th, 2008 04:32 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
flewellynI was just thinking about the apparent passage of Proposition 8 in California, which re-bans same-sex marriage by amending the state constitution.
Now, that same state constitution guarantees equality before the law to all citizens. This amendment clearly violates that principle.
Absent a successful legal challenge based on that conflict (several have already been filed), it seems to me that there is only one way to resolve it: while Prop 8 remains in effect, the state of California must refuse to issue marriage licenses to anyone.
It's not likely that this would happen, especially considering that the legal challenges to Prop 8's passage have a good chance of succeeding...but wouldn't it be awesome, in an odd way, to see? It would certainly stick in the craws of the fundies who pushed so hard for this discriminatory measure to succeed.
Now, that same state constitution guarantees equality before the law to all citizens. This amendment clearly violates that principle.
Absent a successful legal challenge based on that conflict (several have already been filed), it seems to me that there is only one way to resolve it: while Prop 8 remains in effect, the state of California must refuse to issue marriage licenses to anyone.
It's not likely that this would happen, especially considering that the legal challenges to Prop 8's passage have a good chance of succeeding...but wouldn't it be awesome, in an odd way, to see? It would certainly stick in the craws of the fundies who pushed so hard for this discriminatory measure to succeed.
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Re: Looks promising
Date: 2008-11-06 07:25 pm (UTC)Also, if it can be sent off to Limbo for a while ... maybe, just maybe, some of these people will see that though gay marriage is continuing, their own marriages have yet to implode.
Does anyone know -- did America have a similar reaction to the first inter-racial marriages? I know my mother and father still had to deal with a bit of that in the late '60 - '70s (Hispanic/Native American + Irish/German), but America seems to have grown up about that. I must hope it will over this issue too.