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California is Not Ready for Gay Marriage

Photo Editor

Published: Monday, August 23, 2010

Updated: Tuesday, August 24, 2010 15:08

The efforts to bring civil unions to the esteemed level of marriage have been springing up across the country. To many it was a surprise when in 2008, California amended its state constitution with Proposition 8, which recognized marriage as between a man and a woman.

The recent ruling by the Northern California District court that Prop 8 was unconstitutional has forced California to recognize a marriage between same-sex couples as equal to those of opposite-sex couples.

While many line the streets outside San Francisco court houses waiting for their turn at their long awaited nuptials in an impromptu victory parade, many more are preparing to take the fight up in their home states, possibly here in New York.

The court ruled that Prop 8 was unconstitutional, because it violated both the Due Process and Equal Protection Clauses by limiting your freedom to choose who you can marry. But that wasn't the only basis for the plaintiffs' argument.

While the opponents of gay marriage are barred from using religious or moral beliefs in courts as a valid argument, proponents of gay marriage have been allowed to fly with arguments about personal feelings.

The plaintiffs in the appeal of Prop 8 made clear that marriage would make them "feel better."

Paul T. Katami and Jeffrey J Zarroillo, the two male plaintiffs, made a point of saying how awkward they feel going into a bank and asking for a joint account and referring to each other as partners and not husbands.

Much of the dilemma has been over vernacular. Opponents have argued that the sanctity of the word "marriage" must be protected, while the gay community feels that "civil union" is stigmatizing.

While civil unions have been legally recognized, and the states have attempted to instill the same rights in the contract as a common law marriage, it's simply not good enough.

Proponents argue that the title civil union does not accurately portray the kind of passionate commitment that it's supposed to. The social significance of a word comes from its history they say, and in that sense marriage is a much more meaningful term than domestic partnership.

In reversing Prop 8, the federal court said Prop 8 violated the constitution, and that banning same-sex marriage doesn't serve a legitimate government purpose.

It has nothing to do with how people feel about being called partners, or the social stigma that's placed on them. Yet state after state will answer the call to come to the aid of the homosexual community to try and repair the social aspect of it all.

If it truly is a conflict of Due Process and Equal Protection, then I suspect that the Supreme Court of the United States will be hearing this case soon. But in reality, it will be pushed forward by people screaming for political correctness instead of those crying injustice.

California's residents legally acquired a majority vote to pass Prop 8, and two years later the majority is ignored to enact justice. I wonder what else will be ignored to force us into progress?

Society is the reflection of its people, yet we keep trying to manipulate it to be more tolerant. Judging by the uprising to appeal the overturn of Prop 8, that tolerance is not here yet. We are rushing, and in so doing we are only fueling the hostility amongst us.

The gay community is asking to be to recognized as equal, and even with legal protection it's still up to society to make that happen.

 

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9 comments

Anonymous
Thu Sep 16 2010 10:49
The state only has a clear interest in regulating relationships that have the potential to produce children. The only interest the pro-same-sex-"marriage" groups have in changing the definition is the symbolism of having the government declare that same-sex unions are equivalent to marriage. The fact is, they are not the same, so they want the state to enshrine a lie in its statutes for the sake of making them feel better about themselves.
Anonymous
Thu Sep 9 2010 19:01
For those who doubt that the Native Americans practiced same-sex marriage, here is the background of a contemporary account of a white man who lived with the Chippewa (not Chittewa) tribe. Rather than bring up examples of current Native American practices and opinions that are not natural to their culture... after we forcibly took their sons and daughters away from the parents, forbade them to speak their own language, and forcibly converted them to 'Christianity'... while beating and sexually abusing them within 'Christian' boarding schools, thus cutting-off most modern Native Americans from knowledge of their own culture, heritage, and history spanning tens of thousands of years... here are examples of what they were before we decimated their culture: Son of a pastor, John Tanner was born in Tennessee in 1780. Captured by the Saginaw-Chippewa, he lived for a time with the Ottawa and finally the Saulteurs-Chippewa until 1828. He then withdrew to the American side at Sault Ste. Marie, where he was for a time the official interpreter for the celebrated ethnographer of the period, Henry R. Schoolcraft. In his exemplary narrative of captivity among the Ojibwa/Chippewa, John Tanner (known as Sashwa’benase or “the Buzzard”) relates how he once received a marriage proposal from Ozawendib (or “Yellow Head”), whose fate it had been to become "agokwa” that is “like a woman”. At the time, Tanner lived on a hunting territory in the Red River region (Manitoba/Minnesota). Like many aboriginal hunters, each spring he took his furs to the North West Company, which was then in keen competition with the Hudson’s Bay Company The moment Yellow Head chose to join Tanner’s camp was inauspicious ; the winter was harsh and provisions were scarce. The agokwa was looking for a family in which to become socially integrated, one where he could attend to strictly female tasks. Without such a family, a certain death awaited him ; either from famine, which was rampant, or from warfare. Indeed, the Chippewa, who were allies of the Assiniboine (Siouan) and the Cree (Algonquian), were conducting an on-going war with the Sioux of Minnesota and the Dakotas. The fur trading companies, moreover, were known to have exacerbated such ancestral conflicts. These were the circumstances in which the agokwa attempted to join Tanner’s camp, where Tanner’s adoptive mother Netnokwa also lived. Netnokwa was an exceptional woman who scorned neither leadership nor participation in the fur trade. Here is John Tanner’s narrative: “Some time in the course of this winter, there came to our lodge one of the sons of the celebrated Ojibbeway chief, called Wesh-ko-bug, (the sweet)... This man was one of those who make themselves women, and are called women by the Indians. There are several of this sort among most, if not all the Indian tribes. They are commonly called A-go-kwa, a word which is expressive of their condition. This creature, called Ozaw-wen-dib, (the yellow head), was now near fifty years old, and had lived with many husbands. I do not know whether she had seen me, or only heard of me, but she soon let me know she had come a long distance to see me, and with the hope of living with me. She often offered herself to me, but not being discouraged with one refusal, she repeated her disgusting advances until I was almost driven from the lodge. Old Net-no-kwa was perfectly well acquainted with her character, and only laughed at the embarrassment and shame which I evinced whenever she addressed me. She seemed rather to countenance and encouraged the Yellow Head in remaining at our lodge. The latter was very expert in the various employments of the women, to which all her time was given. At length, despairing of success in her addresses to me, or being too much pinched by hunger, which was commonly felt in our lodge, she disappeared, and was absent three or four days. I began to hope I should be no more troubled with her, when she came back loaded with dry meat. She stated that she had found the band of Wa-ge-to-tah-gun, and that that chief had sent by her an invitation for us to join him ... [He] had sent the A-go-kwa to say to me, ‘my nephew ... Come to me, and neither you nor my sister shall want anything it is in my power to give you.’ I was glad enough of this invitation, and started immediately. At the first encampment, as I was doing something by the fire, I heard the A-go-kwa at no great distance in the woods, whistling to call me. Approaching the place, I found she had her eyes on game of some kind, and presently I discovered a moose. I shot him twice in succession... [but]... he escaped. The old woman reproved me severely for this... But before night the next day, we arrived at Wa-ge-tote’s lodge, where we ate as much as we wished. Here, also, I found myself relieved from the persecutions of the A-go-kwa, which had become intolerable. Wa-go-tote, who had two wives, married her. This introduction of a new inmate into the family of Wa-go-tote,...
Anonymous
Sat Aug 28 2010 16:43
The marriage institution we have inherited grew out of the ancient church, and the state recognized it, granting it legal status. The meaning of the word has always been confined to one man and one woman. Marriage laws have always placed restrictions on who could marry whom. In some states you can marry your first cousin, in others you can't. The gay rights movement isn't really interested in fairness, but in Orwellian propaganda. Their real goal is to change the meaning of the word, "marriage." Having the state grant a uniform civil union benefits package equal to marriage won't make them happy. They don't want to start from zero and build up the social currency of a competing concept called "civil unions" because they know it doesn't have the weight of tradition. Rather, they want to borrow from the moral capital of a distinct, positive, and well-understood concept like marriage. But changing the meaning of words doesn't make things the same or fair. Dropping the word, "women," from usage and calling both males and females "men" will not make things equal between the sexes. Calling gay unions "marriage" won't make them the same, because, let's face it, they aren't. The whole point of language is to differentiate between those things which are in fact different. The whole spirit of this "gay marriage" thing is born of envy and deceit.
Anonymous
Sat Aug 28 2010 16:42
Someone should just come out and challange the validity of state-sanctioned marriage across the board. Marriage is a religious concept, and since the Supreme Court has wrongly viewed the First Amendment (freedom of religion) as an individual right (with respect to the Federal Government and with respect to the states through incorporation via the 14th Amendment), rather than as a structural limitation upon the Federal Government, we might as well be consistent and force the government out of the marriage business altogether and leave that to the churches only. If the states want, they can just dole out benefits packages to any two people who choose to enter into a civil partnership. (By the way, St. Paul couldn't be clearer in defining homosexual acts as sin. He also condemned the alcoholic life-style, though not recovering alcoholics.)
Anonymous
Tue Aug 24 2010 18:56
Kudos to Judge Walker, and to attorneys Boies and Olson, and to the US Constitution for trumping the misguided vote against marriage in CA. And to our Judical branch which protects unpopular minorities from self-righteous majorities.
Onward to full civil and marriage equality rights in 21st century America.
Cheers, Joe Mustich, Justice of the Peace, Washington, CT USA.

And to CT for being a marriage equality state since 2008, and where I perform civil and non-religious marriage ceremonies for couples all the time, many of whom have been together for 20, 30 and 45 years.

And lets not forget that marriage licenses are issued by and recorded in town halls NOT church halls or mosques or temples in America, wherre we have freedom of religion, and freedom FROM religion too.

Anonymous
Tue Aug 24 2010 17:37
This article fails to be subjective in addressing a couple of issues:

1. Firstly, how discrimination makes people "feel" does matter as does the differences in rights married couples have vs. civil unions. The author conveniently overlooks this.

2. Religious justifications are a special case because of the Separation Clause, that is not binding on other social aspects. The same clause also acts to protect religious institutions from government interference and taxation. The same cannot be said for homosexuals. They are not protected from government interference or taxation.

3. While the "majority" argument was never appropriate for minority rights and has historically NOT been applied to minority rights, recent polls now show the majority in California supporting gay marriage. Where does the "majority" argument fit in there?

4. The "What else" slippery slope argument is complete hyperbole. It is a completely non-unique argument that can be generically applied to ANY change. It is nothing but an appeal to fear of change, without any logical thought to the consequences. Example: "Women can vote- What's next? Animals?"

5. The statement that "judging by the uprising the tolerance is not here yet" is a completely unqualified statement to make, given the situation. There is absolutely no logical way to draw that conclusion. There is opposition too just about anything. Opposition is conclusive proof of nothing, and again, polls now show a majority favoring same sex marriage.

This article is nothing but opinion devoid of reason or logic. It is a good example of the failure to produce coherent arguments against gay marriage by prop 8 defense counsel. There is now empirical evidence in states that allow gay marriage that there is zero increase of divorces due to the gay marriages.

Do yourself a favor, and find something that is actually worth fighting against. With childhood poverty, third world and domestic hunger, and a myriad of other REAL problems, put resources into addressing those. This wasted energy against gay marriage is time that could be spent helping those who need it, rather than persecuting and chasing after people who are just trying to be happy.

Anonymous
Tue Aug 24 2010 17:12
Actually the reasons for SSM has nothing to do with feelings and everything to do with Due Process and Equal Protection. Again you also lied about Civil Unions, it is not that they CU "does not accurately portray the kind of passionate commitment that it’s supposed to" CU fall flat in legal areas and do not offer anywhere near the same benefits as marriage. And people, like you, who do not understand the basic premise of American government should not comment on what voters can and cannot do.
Anonymous
Tue Aug 24 2010 16:58
So society (aka the majority) should be the arbiter of tolerance and what is fair? So we should be able to discriminate as we wish, if enough people vote that way? I think not.

The constitution bars people from using religion to make laws. That's why inter-racial marriage was allowed in 1967. At the time, a minority of people believed it to be "moral." Should that have stayed illegal?

Should your religion or morals take precedence over someone else's love or life? Several churches allow same-sex marriages in them, including the UCC, so relgious organizations are not a monolith of agreement on gay marriage. What makes one better than another or more right?

Jay
Tue Aug 24 2010 16:52
The title of this article and the skewed logic used through out it is flawed. Take a refresher course in Civics and you will recall that our country was established with three separate but equal branches of government with the express duty to ensure a system of checks and balances. The people of California using the initiative process acted as the legislative branch of government when passing Prop 8. There is nothing more constitutional or democratic than the judicial branch doing their job as stated in Article III of the US Constitution to ensure that the rights of a minority are protected from the tyranny of a majority.
Using the heavily twisted logic to justify hate that Ian Mauro used in this article none of the landmark civil rights changes in US history would ever have occurred if left up to a simple majority, hence why our founding fathers did not make us a democracy rather a Constitutional Republic. This system is SPECIFICALLY designed to protect the rights of the minority from the majority.






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