Judicial Activism: Same Sex Marriage And The Aftermath Of Proposition 8

PROP. 8: PROTECTING FAMILIES?

The election of 2008 will remain vivid in my memory for many years to come. Not only because of the momentous step in America’s history of electing the first African American president, but also because of the contentious battle that raged over proposition 8. It was a rollercoaster. America took a giant step in the struggle for equality by breaking the racial barrier and electing a black president, while at the same time California took a few steps backwards by preventing homosexual couples from marrying. We took one giant leap forward, and a few stumbles back.

What sticks out most to me about the Prop. 8 debate was the posters in favor of the proposition that claimed that it was going to “protect families.” This never made any sense to me. Having grown up in Orange County most of my friends’ parents were divorced while their kids were in grammar or junior high school. I was lucky, my parents didn’t get divorced until I was already out of college (limiting the emotional and psychological damage to me and my siblings). I always felt like the minority growing up because I had two parents in one home. As I got older I saw that it had many adverse effects on my friends and peers who had difficulties forming meaningful relationships due in large part to the example that was set for them at home.

The divorce rate is above 50%. What I have the most trouble understanding is how that is good for families? In a discussion I attended after the election I heard some first hand accounts from children of same sex couples. They seemed to be more in touch with the issue and to be benefiting from the presence of two adult influences in the home who loved each other. I heard a lot of talks from the pro-prop 8 crowd that it would lead to public education teaching children about same sex couples and homosexuality, which they considered to be a bad thing. Regardless of your position these couples are a reality. Is it fair to our kids to shelter them from the reality of homosexuals? The only thing that will come of that would be to perpetuate hate and bigotry because we fear what we don’t know. Personally, I think that marriage has nothing to do with religion since it can be accomplished in a court without the presence of priest, rabbi, etc. Those that fear same sex couples flooding their churches and synagogues to get married are far off base. They would still have to discretion to deny the use of their place of worship for such ceremonies. This fear is baseless and will only serve to further bigotry and discrimination.

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