Friday, March 20, 2009

You're yes then you're no....

If you knew that Proposition 22 and Proposition 8 may not have ever been necessary propositions, would it change your mind about them?

In short, these two propositions were brought before the people of California to vote on whether or not marriage should be defined as between a man and a woman or broadened to include same-sex unions.

It turns out that the California Family Code, sections 297 and 297.5 allow for same-sex unions to exist:

"Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon spouses."

These registered domestic partnerships are equal to marriages, legally, and are protected from discrimination and partners in such a union are legally considered spouses.

If there already exists a legal union of same-sex partners, then why is same-sex marriage even an issue? Is it because of the definition of the word marriage? If so, then the people of California have twice said that they -- as a majority -- want a marriage to be exclusively between a man and a woman. Does the California Supreme court have a right to overthrow their passing of Prop 22 and later Prop 8? Is the court imposing legislating from the bench or upholding the law?

What are your thoughts?

1 comment:

Dach said...

While my two cents may require change back, here it is. It's religion that seems to want to have the claim on the term marriage, and I say let them have it. Even if you do get married in a church, it's not observed by the state unless you file for a certificate. Let's lose the term "marriage license" and give everyone, regardless of sexual orientation a "certificate of civil union". This way, everyone has domestic partners, nobody is special, and if you want to get married, go do that in the church.