Ryan ChartrandWhat’s in a law?
A few months ago Secretary of State Debra Bowen distributed millions of official general election California voting guides. This voter guide not only speaks about political candidates vying for office, it also addresses the 12 very important propositions – statements that (if passed) will eventually become law. Today, I will be addressing one in particular.
It comes as no surprise to those that know me that I, as an individual, am strongly against Proposition 8. For millions of us in the state of California, marriage is personal, and because of that, I am not interested in attempting to address its definition. Instead, let’s focus on the laws.
Some of you may be afraid to discuss politics or religion, but rest assured that Prop 8 has little to do with either. I was faced with a healthy amount of conflict when writing this article, but ultimately my decision came down to allowing myself to be exactly the person I was when I was elected: a fighter. My first priority is to stand up for my fellow students and promote equal rights for all persons under the law.
For those of you who are visual learners, pull out your voter guide. On page 128 you will find the exact text of Proposition 8. The law is to be named “The California Marriage Protection Act” and will read, “Only marriage between a man and a woman is valid or recognized in California.” What is important to recognize here is that thousands of same-sex couples have been legally married by the state since June of this year. Every one of those marriages would become void if Proposition 8 passes.
This sounds a whole lot like prohibiting marriage on the basis of race. It wasn’t until 1967 that the Supreme Court ruled (in Loving v. Virginia) that anti-miscegenation laws were unconstitutional. Before that ruling, 30 states had laws against interracial marriage on the books.
This was only 40 years ago.
Proposition 8 is not a religious freedom issue, nor is it a freedom of speech debate. This is a civil rights and equal protection concern.
Prohibiting same sex couples from state marriage violates the Equal Protection clause of the 14th Amendment. Section 1 of the 14th Amendment reads that “no state shall create or enforce any law that denies a person, within its jurisdiction, equal protection of the laws.”
The Court has ruled is that the former California state law (developed from Proposition 22, circa 2000) was unconstitutional based on a violation of law-protected rights. But the important thing to remember here is that regardless of whether Proposition 8 passes, it will again be called before the Supreme Court for constitutionality concerns, and, as it is with progress, we will see a much stronger court decision against discrimination based on gender and sexual orientation.
For those of you who are still on the fence, I urge you to talk to lobbyists on both sides of the proposition. This argument is based on my respect for the United States Constitution and on the ideals of protecting rights for all people. Visit both booths this Thursday at Farmer’s Market to find out more about Proposition 8.
Know the facts and most importantly, exercise your opinions on Nov. 4 at the voting booth.
Angela Kramer is Cal Poly’s Associated Students Inc. president and a political science senior.