Next month, voters of California will either attempt to write discrimination into the state Constitution or keep discrimination out of it. Proposition 8.
Proposition 8 ("Only marriage between a man and a woman is valid or recognized in California.") I think it is badly written, ambiguous, divisive, and on the wrong side of history.
First, it's nearly impossible to legally define "man" and "woman". It can't be done by mere appearance; there are many masculine-appearing women and feminine-appearing men. It can't be defined by which sex one self-identifies with; what's to stop someone from saying they feel like a man just to get married to her lesbian partner? It can't be done by inspecting genitalia; there are many pre-operative transsexuals and there are many female impersonators who have implants to heighten the illusion as well as other concerns. It can't be defined by who can and can't bear children or who does or does not produce sperm; does a woman who's had a hysterectomy suddenly become male or does a man who's been castrated suddenly become female? And, finally, it can't be decided by looking at chromosomes; women born with Androgen Insensitivity Syndrome have XY chromosomes but in all other respects are female.
As a result, the proposed "amendment" is ambiguous in to whom it applies.
Besides, I can't think of *ANY* previous constitutional amendments that are specifically designed to *ELIMINATE* rights of a certain group.
Supporters of Prop 8 say that gay couples can have "domestic partnerships"; that's the same "separate but equal" argument used in segregation. There are many automatic rights and benefits granted by the government in a marriage but require a skilled lawyer for a domestic partnership--if they're even available to that domestic partnership. Separate is hardly *EVER* equal and it isn't in this case either.
Take, for example, the requirement that a domestic partnership requires the two people to live together. There is no such requirement for a marriage. And that's just one example.
Finally, Proposition 8 is on the "wrong side of history." Supporters claim that Proposition 8 only maintains "traditional" marriage. It was 'traditional' to deny women the right to vote. It was 'traditional' to keep slaves. It was 'traditional' to deny inter-racial marriage. Those traditions were wrong--they still are--and so is this 'tradition' of governments only offering certain benefits to heterosexual couples.
Prop 8 should be defeated. If they really want to "protect marriage" they should outlaw divorce.
I welcome your comments.
Excellent points.
ReplyDeleteBut the state of California will have to defend this law by requiring chromosome testing. Sadly some poeple will never be able to marry in California. Of course if the rest of the country picks up this law then some folks won't be able to get married at all in the United States.
This is not a joke but only the reality of law.
The thing is, and I made this point in the post, chromosome testing can't decide who's a man or woman, either. There's the Androgen Insensitivity Syndrome I mention in the post but there's also post-operative transexuals. A person who has had a Male-to-Female operation will still have the XY chromosome the person was born with but is, by all rights, a woman.
ReplyDeleteWhat kind of mental or legal gymnastics are going to have to be performed for marriage licenses if Proposition 8 passes?