Judicial Activism: Same Sex Marriage And The Aftermath Of Proposition 8
THE SANCTITY OF MARRIAGE
Proponents of Proposition 8 have frequently cited the need to protect the “sanctity of marriage.” Sanctity means sacred or of ultimate importance, so what exactly is sacred about marriage that Proposition 8 advocates so adamantly seek to defend?
Marriage is an age-old tradition and institution that figures very prominently in human history because it is the foundational element upon which our families, and thereby our societies are built. Further, proponents of Proposition 8 have a long, and often very personal history that supports heterosexual marriage. Most individuals come from a home where there was a mother and a father (or in the case of divorce/death a single parent). Since this was and is the experience of the majority of us, this is what we are comfortable with accepting, teaching, and promoting. Homosexual marriage challenges most of us to look beyond what we know and to evaluate something that the majority of us have very little personal experience with.
Nevertheless, our inexperience is no basis for denying homosexuals the opportunity to marry; yet my guess is that many voters make their decision from such a position. It is hard to look beyond what we know and have so personally experienced to try and understand another’s position, but this is exactly what is required. To be clear, I am not advocating one position on Proposition 8 or another, but what I am arguing is that any decision for accepting or denying homosexual marriage needs to be based upon at a minimum, a good faith effort to look beyond our own personal experiences and evaluate the matter on its true merits.
Marriage is sacred because it is core to our identities: it represents who we are, and an accurate understanding of all the parties involved and affected and is critical to arriving at the correct conclusion (whatever that may be). If marriage is something sacred, and of ultimate importance (which I do believe it to be) it deserves a fair and thoughtful analysis before a decision is made.
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