I have news for people who voted Yes on Proposition 8. The California Constitutional amendment is invalid. Here’s why:

in 1959, California ratified the 14th Amendment to the US Constitution. Article 1 states:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges (emphasis added) or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

California’s Constitution does allow for amending our Constitution with a simple majority vote. However, it also requires that when two amendments conflict with each other that the amendment with the higher vote wins out over the amendment with the lower vote. Since Proposition 8 passed with only 52.4% it becomes invalid.

I highlighted privileges above because a lot of people seem to be talking about “rights”. In fact, the title of Proposition was listed as “Eliminates Right of Same-Sex Couples to Marry”. However, the 14th Amendment extends FAR beyond mere rights to all privileges. Whether marriage is a right or not is of no consequence. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. Proposition 8 is invalid.

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  1. You may think it’s invalid, you may even donate money to the lawyers who are going to fight this thing, but nothing excuses these protests. I’ve been collecting pictures of these disagreeing faces during the protests, including the defacing of the LA Temple, a holy place of worship. The pictures generally portrayed in the news are tame in comparison, even though all these are out there…they’re not widely circulated.

    http://beetlebabee.wordpress.com/2008/11/06/pride-predjudice-prop8-rage/

    We all had the chance to vote. I’m glad I did, but now to see the side which claimed tolerance and love participate in this kind of bigotry is pretty sobering. The mask just fell off.

  2. Bill

    Glad I moved to Nashville Tennessee. We don’t allow this crap to go on in the bible belt! Best thing I ever did was to move to a red state. God Bless American!

  3. For a campaign that espoused love not hate, this is disappointing to see. Vandals should be prosecuted to the fullest extent of the law. Peaceful protest is one thing, but unruly protests should be handled by law enforcement. Something else that I found disturbing were the picture of the signs saying “You have two wives…” and “Keep your Magic Undies Off my Civil Rights”. That is, by definition, bigotry.

    We have legal processes in place. Those in favor of banning gay marriage followed them, those in favor of invalidating the ban should do the same.

  4. Ben

    If you push a group (any group) far enough, they will turn ugly. Imagine if we had taken the right for elderly people to drive – would they get nasty – oh yeah! What if we took the right of 18 year olds to vote? You getb the point. The protests are a natural reaction to an attack. And anyway, the legal point represented in the post is correct. Prop 8 will lose in the courts. Federal law trumps State.

  5. Natural reaction or not, breaking the law is breaking the law and bigotry is bigotry. This is a good lesson for us all. When we don’t get what we want, we don’t have to get ugly. Sure, it is frustrating for gays to lose a right they have fought so hard to get recognized, but don’t turn all that hard work on its head.




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