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.
![[identity profile]](https://www.dreamwidth.org/img/silk/identity/openid.png){kind=small}
no subject
Date: 2008-11-06 07:27 pm (UTC)Let us hope, that they were so concerned about the "eroding of marriage" that they pulled out all the stops, and took a damaging bite to their financial structures.