Newsom’s Prop 8 Fiasco
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Not surprisingly, the wake of the approval of California’s Proposition 8, which put a stop to gay and lesbian marriage in the state, has produced outrage. While the result catapulted the ubiquitous, and useless, web petition emails, over the last several days frustrated people have channeled the very spirit that visited this loss upon them by doing the dumbest thing possible- taking to the streets in protest. There is no more certain way to alienate people than to parade your self-righteousness by blocking their freeway access during their already difficult commute. Self defeating stupidity in glorious full flower. The fault for this regrettable result lay not with folks trying to get on the freeways, but with the crew who worked against this measure, and their face, the ever smug, professional gay cockteaser, known as Gavin Newsom.
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Proposition 8 was without doubt one of the worst measures in California’s history and its passage is a humiliation for the people of this state. It was worse even than the infamous Proposition 187, which sought deny undocumented immigrants access to public education and social services. What Proposition 8 did was, for the first time, to write the withdrawal of rights into the state’s constitution. It will likely be overturned in the courts as was 187 but that will only open a new round of “activist judges” blather. But sadly, either way, that will probably not teach those who opposed this measure any lessons. As we all must now tool up for a lengthy court battle and those marriages performed over the last few months are now also in peril. And it all could have been so easily avoided.
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Political campaigns and results in democracies are theoretically testing grounds for ideas put before the citizens. The reality is that bad ideas and dumb people can prevail if they have smart people running their campaigns, in the same way that good advertising makes so many people opt for garbage that makes them obese instead of food. Bad idea campaigns have an even easier time if dumb people are running the opposition. Such was the case with Proposition 8.
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The case against Proposition 8 was a very simple one to make- constitutions give rights they don’t take them away. Denial of rights- one’s freedom or the sanction of fines- is the exclusive domain of the courts in response to violations of law. What Proposition 8 makes law, boiled down to its central nugget, is the denial of rights based upon behavior that is not illegal and without due process. What it makes law is the very dangerous concept of the denial of legal rights simply for offending the religious or cultural sensibilities of others. It’s akin to denying equal protection under the law for atheists or denying the right to bear arms to people who wear camouflage pants. Instead of laying out this case, however, the message that came from the opponents of Proposition 8 was “we’re here, we’re queer, get used to it.” That is as guaranteed a political loser as is imaginable and while the ever witless Gavin Newsom was the posterboy for this mess, the opponents of Proposition 8 never stopped the bleeding he created. Instead of focusing on the core concept of the denial of rights- especially in “communities of color” where that central message would have resonated, they never mounted a defense at all. No more telling fact to this failure exists than 7 out of 10 African Americans who voted for Obama also voted for Proposition 8.
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Fortunately for all of us, across the entire country, the legal standing of this measure is untenable. It is quite possible that a proposition to prohibit the marriage of those whose skin tone didn’t match would have passed in Virginia in 1967. Fortunately, the issue went instead to the courts and we got the Loving vs. Virgina result which overturned that state’s anti-miscegenation statute, the “Racial Integrity Act of 1924.” While there is no similar statute in California crimanilizing gay and lesbian relationships to overturn, hopefully the courts will see that the notion of denial of constitutional rights for acts that are not illegal is cast in the same dismal light of ignorance. But the arrogance and stupidity of the forces against this measure will have handed cultural conservatives a plum example of the will of the good, God-fearing “real” American people being overturned by liberal judges- no doubt just in time for President Obama’s first Supreme Court nominations. Thanks for that.
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