Saturday, December 20, 2008

For Worse

Even since the voters of California decided to protect chickens but not same-sex couples we knew this day was coming:

The sponsors of Proposition 8 asked the California Supreme Court on Friday to nullify the marriages of the estimated 18,000 same-sex couples who exchanged vows before voters approved the ballot initiative that outlawed gay unions.

The Yes on 8 campaign filed a brief arguing that because the new law holds that only marriages between a man and a woman are recognized or valid in California, the state can no longer recognize the existing same-sex unions. The document reveals for the first time that opponents of same-sex marriage will fight in court to undo those unions that already exist.

"Proposition 8's brevity is matched by its clarity. There are no conditional clauses, exceptions, exemptions or exclusions," reads the brief co-written by Kenneth Starr, dean of Pepperdine University's law school and the former independent counsel who investigated President Bill Clinton.
Ah, Ken Starr, you dick.

I question the use of the word "reveals", this is like saying "Joe bought a case of condoms and has revealed for the first time that he plans on having sex."

My own take on it, shared by a constitutional law professor friend of mine who happens to be a lesbian, is that the word "marriage" does have religious meaning in most faiths, for better or for worse. A much more comprehensive approach to establishing this particular freedom of association would be to acknowledge that fact and challenge the constitutionality of the State santioning a religious activity.

A win would threaten the canon of family law and force legislators to establish, for everyone, a solution absent of religion. A civil solution for a civil right. As for marriage, you are free to pick a faith which is truly inclusive, or ends participation with 'hillbilly heroin' dealers.

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