Wednesday, November 05, 2008

Prop 8 Passed?

I am surprised, but it seems Prop 8 is going to pass. I honestly thought, in spite of all the signs and propaganda I had heard, that Prop 8 would be defeated.

Cathy and I met a married lesbian couple while waiting in line at Ben & Jerry's last night. At the time, No on 8 was leading by about 3%, if I recall correctly. We discussed Prop 8 and wondered what its passage might mean for their family. I doubt that the California courts would retroactively dissolve marriages joined this year. According to Joan Hollinger, a professor at the University of California, Berkeley, Boalt Hall School of Law, "Constitutional scholars agree that the amendment cannot be effective retroactively."

I was also assuming that many others would be rushing to get married before Prop 8 goes into effect; I probably would. But, yesterday may have been the last day for gay marriages:
“A proposed [legislative] amendment or revision shall be submitted to the electors and if approved by a majority of votes thereon takes effect the day after the election unless the measure provides otherwise. If provisions of 2 or more measures approved at the same election conflict, those of the measure receiving the highest affirmative vote shall prevail.” See Cal. Const., Art. XVIII, Sec. 4
However, marriage license will likely be issued for the coming month until the state health department directions California county clerks to stop.[1][2]

Not only did California voters ban gay marriages, but bans also passed in Florida and Arizona.

I would say that would be the end of gay marriage in California, but Prop 22 (from 2000) was struck down in May. Prop 8 used the identical wording, but this is an amendment to the state constitution, so I don't know if it can be challenged and struck down like Prop 22.

All in all, these are interesting days. I thought for sure, with a huge Democratic turnout, that Prop 8 would pass. I was wrong.

One final note: I really hope and pray that conservatives and Christians won't be jerks about the results. Peoples' lives were changed today; compassion and love should rule the day. Jesus Christ would have it no differently.


  1. AMEN Brother - there is a gay man in my office who is very upset about the decision... when his partner died he wasn’t even allowed in the hospital... now this may happen to thousands of others…

    Although gay marriage is wrong, the lack of compassion for gays is cruel and un-Christlike.

  2. I too have a man on my van who hurried to get married when the last decision was made. He tried to convince me my child wouldn't be subjected to his views (which has already taken place) in the school systems and was upset at the unfairness that this proposition represented to him. He compared it to racism, which as an african american I found off mark and I know they should be entitled to equal rights under current law. If that's not the case, that should be fixed, but not by changing 'marriage' in my humble opinion.