With the nation's attention having shifted away from California's internal Prop 8 battles, there is no better time to renew our focus to work toward equal rights for all.
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Resources
California Gay Rights Timeline
California Allows Same-Sex Nuptials
California Voters Approve Prop 8 Ban on Same-Sex Marriages
Legal Challenges to Prop 8
Transcript
Welcome back to YOURTRUTH. News of celebrity deaths and recession woes has recently dominated the mainstream media, pushing more important issues out of the spotlight. This is why those of us here at YOURNETWORK made a point to revisit the most important human rights issue of our time: same-sex marriage. Should marriage be restricted to the union between a man and a woman? Or should same-sex couples have the same marriage rights and privileges as heterosexual couples? We know our country was founded on the principles of freedom and equality for all, so let's see if there is a legal case against same-sex marriage.
America has overcome institutionalized discrimination before. The abolition of slavery, women's liberation, and African American civil rights victories are just a few of the significant triumphs in our country's short history; gay rights have been slow in coming.
When America was just beginning to forge its own identity, our founding fathers penned this famous phrase in our Declaration of Independence. "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness." The 14th Amendment to the U.S. Constitution attempts to solidify the promise that all men are created equal when it states "no state shall ... deny to any person within its jurisdiction the equal protection of the laws."
Our first amendment restricts our lawmakers from establishing a religion, thus clearly separating church and state powers. This means that you are free to believe what you want to believe and practice the religion of your choosing. No single religion can make the rules for all of us.
The California Supreme Court ruled on May 16, 2008 that the state constitution gave gays and lesbians the right to marry and 18,000 same-sex couples finally got to say "I do." Soon after this landmark decision, a group mobilized to gather signatures to get Proposition 8 on the November ballot. Prop 8 would eliminate same-sex couples' right to marry, effectively overturning the May ruling.
On November 4th, 2008 Prop 8 was passed by 52% of state voters. Those in favor of Proposition 8, a collective organization called Yes on 8, called for people to support the ban to "restore marriage and protect California children" from "inappropriate gay curriculum and agendas" in their schools. A wide variety of other arguments were presented, including the stance that same-sex marriage should not be made legal because you can choose the gender to which you're attracted. The main case against legalizing gay marriage, though, is typically religious in nature-that the Bible specifically defines marriage as between a man and a woman.
Those who opposed Proposition 8 argued that all Americans have fundamental freedoms, that we are all free to believe whatever we want to believe, worship how we want, have lifestyles of our choosing, and love those we want to love. The idea that the beliefs and preferences of some people outweigh the beliefs of others in a court of law is outrageous. Equal rights are not equal if they don't apply to everybody. Opponents also pointed out that every person has the right to marry the person of their choosing, a fundamental freedom outlined in the state's constitution.
On May 26th, 2009 YOURNETWORK spoke with active citizens at a rally who were outraged by the California Supreme Court's decision to uphold Proposition 8.
The next day, a gay couple went to the San Diego City Administration Building to demand a marriage certificate. Along with 100 other people, they staged a sit-in in the County Clerk's office.
By no means is the fight for same-sex marriage over. A number of lawsuits have already sought to challenge the legality of Prop 8. The American Foundation has launched the most recent suit for Equal Rights. They assert that Prop 8 violates the U.S. Constitution's guarantees of equal protection and due process because it relegates same-sex partners to domestic partners instead of granting them full equal rights. Six states - Connecticut, Iowa, Maine, Massachusetts, Vermont and New Hampshire - already allow same-sex marriage. California is one of the most progressive states in the country and yet it's not on the list. Do you think it's time for a real change? Thanks for watching.
