Saturday, November 01, 2008

Inside Proposition 8 - California's Same-Sex Marriage Debate

Dubbed Proposition Hate by its progressive opponents, an initiative on Tuesday's California's ballot seeks to roll back a May, 2008 decision of the California Supreme Court overturning the State's ban on same-sex marriage.

The ballot initiative calls for an amendment to the State Constitution to outlaw same-sex marriage and to provide that "only marriage between a man and a woman is valid or recognized in California."

The full text of the proposed law is as follows:

PROPOSITION 8

This initiative measure is submitted to the people in accordance with the provisions of Article II, Section 8, of the California Constitution.

This initiative measure expressly amends the California Constitution by adding a section thereto; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new.

SECTION 1. Title

This measure shall be known and may be cited as the "California Marriage Protection Act."

SECTION 2. Section 7.5 is added to Article I of the California Constitution, to read:

SEC. 7.5. Only marriage between a man and a woman is valid or recognized in California.

Current polls show the initiative is likely heading for a narrow, (but in our view, welcome) defeat.

For some in California, however, the success of this referendum is an imperative of nearly Biblical proportion:

More information is available at No on Prop Hate.

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

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1 comment:

  1. I just want to throw and idea, or compromise, in the hat on gay marriage.

    The first point is that for hundreds of years marriage, or being married, has intended to apply between a man and a woman. Up until around 40 years ago did you start see the change in the definition include same sex marriage. You have the tail trying to wag the dog on this one

    So here is the compromise. Instead a same sex marriage, it will from now on be called same sex Parriage. A parriage and marriage must have the same legal conditions therefore made legal. As long as the conditions of the agreements are the same and are met accordingly the pair of opposite sex and same sex partners should be given the same equal benefits and receive the same penalties with legal violations.

    Logic behind this:

    A Pair:”The word pair, derived via the French words pair/paire from the Latin par 'equal' ” (Wikipedia)

    Married = between a man and woman
    Parried (pair-arried) = between a pair, man & man, woman & woman

    Marriage = between a man and woman
    Parriage (pair-arrage) = between a man and woman

    I would think the only people who will object would be attorney because they would stop loosing all their legal fee’s they are making on the controversy.

    ReplyDelete

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