Proposition 8: Separate But Equal Doctrine in the 21th Century
November 17, 2008 at 12:14 am | In Group 9 | Leave a CommentCalifornia’s Proposition 8 has caused tremendous controversy nationwide. The proposition was an initiative to reestablish marriage in California as a union between one man and one woman. The controversy stems from the 2000 election when 61% of Californians voted for traditional marriage and subsequently had the vote overturned by the CA Supreme Court earlier this year. According to ProtectMarriage.com, a Pro- Prop. 8 website, the initiative is not an attack on gay couples. The Proposition affords gay couples “domestic partnerships” that theoretically should grant them all of the rights of married couples. However, the group contradicts itself. Firstly, domestic partnerships do not guarantee the same benefits as marriage. According to the Human Rights Campaign Fund, only 7,360 employers in America offer domestic partner benefits. Additionally, in all but 16 states domestic partners are not guaranteed tax benefits. Secondly, ProtectMarriage advocates that defining marriage as a union of two people instead of specifying genders undermines “…the value of marriage altogether.” So allowing adults who love each other enough to dedicate their lives to one another to call themselves “married” is diminishing the value of what Webster’s Dictionary defines as an “intimate union.” In other words, one type of love is more valuable than the other. Domestic partnerships and marriages are separate and extremely unequal. For this reason, the CA Supreme Court is completely justified in overturning the vote—just as the US Supreme Court was justified in overturning Plessy v. Ferguson. No On Prop 8. Com stated it best when they said that voting for Prop 8 is saying,” YES to bigotry, YES to discrimination, YES to second-class status for same sex couples.” If the public viewed gay marriage for what it really is, a civil rights matter, this would be a non issue. Furthermore, gay marriage is a moral issue! Since the government is not responsible for legislating morality, gay couples should be allowed to get married…not something of equal or lesser value.
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