Tuesday, May 26, 2009

Anticipating A Decision In California

At approximately 1 pm eastern, the California Supreme Court opinion/decision on the most recent skirmish in the battle for California equality will be published. The decision will be focused on the legality of the marriages performed prior to the passing of Proposition 8.

Personally, I expect a decision that will satisfy no one. I expect them to uphold the legally-performed marriages in the interval between the striking down of the previous stricture limiting marriage to a man and a woman (which was not a constitutional amendment) and an opinion that because Prop 8 was a constitutional amendment, it has to stand.

I disagree with that last part. In my opinion, Prop 8 was only a constitutional revision. As such, it can be found to be incompatible with the actual document and rejected under the same grounds as the original court case that caused the drafting of Prop 8 in the first place.

Prop 8 does two things that, in my opinion, violate the constitution. One, it creates a separate standard of legal judgment for people of homosexual orientation, thereby deriving them of inalienable rights that are guaranteed in Section 1 Article 1 and making Prop 8 incompatible with the original document. Two, it violates Section 1 Article 4.

Free exercise and enjoyment of religion without
discrimination or preference are guaranteed. This liberty of
conscience does not excuse acts that are licentious or inconsistent
with the peace or safety of the State. The Legislature shall make no
law respecting an establishment of religion.

I believe that the existence of Prop 8 is inconsistent with the the peace and safety of the state. I further believe that Prop 8 prevents the free exercise and enjoyment of religion without discrimination or preference. What is more, I consider the denial of rights of a significant minority of the population based on religious beliefs to be licentious and therefore not protectable under the basis of freedom of religion.

I don't believe the Supreme Court will have the guts to completely overturn Prop 8, although I do believe that they will certify the marriages that took place prior to its passage. However, I also believe that they have reason to overturn it completely, reason that they themselves expressed in their prior opinion and that remain consistent with both the law and the Constitution.

I sincerely hope that the Supreme Court of California follows the path ofprotection of the rights of all of its citizens instead of following the opinion and preferences of a small and shrinking majority of its citizens.

Strike down Prop. 8.

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