Proposition 8 Defeats California

We live in two states, Florida and California, that on Tuesday voted to write vulgar discrimination into their constitutions. In Florida, voters passed Amendment 2; that measure, with its Orwellian alias "The Marriage Protection Amendment," prevents homosexual people from entering any "legal union that is treated as marriage or the substantial equivalent thereof." In California, Proposition 8--"Eliminates Right of Same-Sex Couples to Marry" -- appears to have passed narrowly.

On a day when so many of us choked up reflecting on how far we've come, we also revealed how far we have to go.

Our constitutions were designed to protect our rights, not strip them away. Co-opting constitutions to deny rights to minorities is a grotesque perversion of the principles upon which this country was founded. As a nation, we've come to these conclusions before. In Brown vs. Board of Education, the Supreme Court swept aside decades of precedent and exploded the concept that separate could ever really be equal.

That was 54 years ago. How aggravating, then, to see the marriage bigots in California point to same-sex civil unions as an appropriate alternative to marriage. (Florida's amendment was worded so as to prevent even the possibility of civil unions.) How utterly revolting to hear ban supporters, like Revs. James Garlow of San Diego and Joel Hunter of Florida, crow about their "victory."

We could go on and on about how these amendments (as well as one in Arizona and an equally offensive statute approved in Arkansas) are wrong and unfair; how they are fundamentally un-American; how they devastate individual people with genuine human feelings. But we won't.

Instead, we'll point out just one of the ways in which the voters of these states -- especially California -- have just shot themselves in the foot. California is nearly broke. Its voters, in addition to voicing their opposition to the equal treatment of all citizens, have just approved a series of expensive projects, including a $45-billion high-speed railroad.

How does a state energize its economy, fix its budget shortfall, and pay for social services in the midst of a national and potentially global recession of uncertain duration? That's not entirely clear. But what does seem obvious is that you don't do it by alienating up to 10% of the best talent. No state should understand this better than California, which has built large parts of itself around the science and technology industries.

Let's say you're a hotshot programmer or biomedical researcher looking for a job or a good home base for your startup. Let's also say you happen to be homosexual. Do you pick the place that, while sunny, has just officially declared you a second-class citizen? Or do you move to another hotbed of scientific and technological activity, like Massachusetts or Connecticut, where you'll be allowed to marry the person you love? This kind of decision is being made by brilliant scientists and entrepreneurs all the time. Sorry, Genentech. You're welcome, Genzyme.

Senators Boxer and Feinstein, the mayors of San Diego, Los Angeles, and San Francisco, the state's major editorial pages, Pacific Gas and Electric, tech titans Google and Apple -- all opposed Proposition 8. Their opposition was rooted in the American ideal of liberty and justice for all, but it made practical sense, too. Call it a slow brain drain (brain leak?), call it a competitive disadvantage in recruitment, call it what you want. At the end of the day, bigotry is not just morally repugnant -- it's also bad business.

Comments

[LollieDotCom]

http://www.freedomtomarry.org/pdfs/mildred_loving-statement.pdf

Mildred Loving's statement about freedom to marry. Everyone should read it. If you don't cry when you read it, you're not a human being. Please use your favorite social sites to buzz it up.

There is only one cure for ignorance - and that's education.

http://www.freedomtomarry.org/pdfs/mildred_loving-statement.pdf

[wolverine442]

That is a beautiful statement. We are on the side of justice and we will prevail. Someday soon the states will be united on this issue. I emailed this statement to everyone i know in my contact list.

[karissa]

I do not live in California or Florida, but if given the oportunity would vote to ban gay marriage. Yes, I am a person of color who voted for Mr.Barack Obama. I do not appreciate being called a bigot, brainwashed or uneducated. Can we at least have a civilized discussion? I support civil unions or domestic partnerships. marriage is between a man and woman, no exceptions. You are trying to frame gay marriage as a civil rights issue when for many is a moral and values question. I do not have hate in hy heart for gay people and I do not think they should be the victims of violence or discrimination. but I will not be bulled into supporting gay marriage. it's against my convictions, values and morals. I am a Chistian and the Bible is my guidebook. I would rather follow the Bible, my ubringing and convictions then be pressured into going along with gay marriage. it sickens me to see those ceremonies with men and men getting "married" and "women and women" getting married. but I do support civil unions as a compromise.

[JohnBisceglia]

Your bible is wrong, and the Christian Right is wrong.

The Christian Left is Right, and is the only true manifestation of Christ-like behavior.

Stop the Spiritual Arrogants and their influence on civil law. If you want to establish a Theocacy in America - fine. But since I am not a member of your religion, I am now tax exempt.

Whoo-hoo! Christians everywhere are paying my federal taxes!

[xdevildawg4u]

I grew up in Mississippi during the dark days of the 60's in a culture, society and family that was extremely racists though none thought of themselves as such.

I can assure you that racists and segregationists cited tradition and their convictions, values and morals as the basis of their positions. They said it wasn't a matter of civil rights but rather a matter of fundamentally changing traditional society. They supported public water fountains, public transportation and public schools for African-Americas as long as they were separated from the fountains, buses and schools of white citizens. They too pointed to the Bible as their guide and they also took great offense to being called bigots.

You may think that you are new and progressive with your stance on civil unions but you are actual very familiar to me and your arguments are absolutely no different than the racist arguments I've heard all my life.

[karissa]

sweetheart, I don't need the labels of "new" and "progressive" to validate my points of views.

I know what's in my heart and it's not hate or ignorance or prejudice. I believe civil unions are a compromise. but please leave marriage to relationhips between men and women. the problem is gay rights advocates want to shove their lifestyle down our throats and if you don't go along then you are a bigot. i dont think so. in my heart, i know gay marriage is wrong.

gays are trying to pull this guilt trip on people of color reminding them about the days of segregation. it's not going to work. we know better.

[atomicrob]

After my exuberance of the election results subsided, the truth about why the same sex marriage ban passed in California became clear. African Americans and Latinos went to the polls and overwhelmingly voted for the ban. As they celebrated their freedom and exercised their civil rights to elect the 1st African American President, they systematically denied the same to a group of people not like themselves. Mormon"s encouraged by Church of Latter-day Saints leaders, joined in the fun.

As someone taught "We don"t discriminate" I found this paradoxical affront to another minority group not only shocking, but duplicitous. Citing religion as their justification, they began to march out the parade of reverends, pastors and priests to rationalize the bigotry. It was but a few decades past the old Southern bible thumpers used religion to validate racial and ethnic discrimination. De Tocqueville"s tyranny of the majority has reared its ugly head in California.

[aspertame2]

The only thing that surprises me about the Prop 8s out there that won this cycle, is that it has taken this long for the issue to come to a head. There will be screams against court activism when this IS struck down, and then the civil rights issue will come to the fore, not - respectfully - the economic one. This isn't going to be won or lost on boycott or civil (tax) disobedience, no matter how much $ Ellen or Melissa Etheridge has.

I'm betting on 50 state legalization by 2015, because having miscegenation and sodomy laws in just *some* states worked out so well. Be angry, rightly, but understand that California and Florida still have far greater enlightenment on the subject - scarily - than much of the country. I'm in Tennesee, and have to remind myself to mention stuff to my kids when the opportunity presents, to counter all the vile garbage they hear from some of their classmates and adults for that matter about gender and orientation.

[Bjoerlingfan84]

AdamX-

I believe you're missing the point. What this decision amounts to (at least in CA) is "seperate but equal". You say homosexuals should just be happy and accept it, seeing as how the only real difference is that it's not called "marriage". My question to you is this: Why should they? Why should homosexuals just sit back and accept the fact that they're being treated like second-class citizens? Why? Because of some religious ideology that they might not even share and doesn't have any place in deciding legislation, as per the US Constitution?

This decision in CA is the equivalent of segregation--it's 21st century Jim Crow no matter how you try to justify it. Seperate is NOT equal. Just because you believe that there is no such thing as "gay marriage" doesn't mean it's the truth. I can only assume people that believe this do so because of religious reasons. You can't legislate based on religious ideology. This is NOT a theocracy. I hope the supreme court overturns this decision on the basis that it is CLEARLY unconstitutional.

BTW - you've completely negated your argument that this shouldn't matter because marriage is "only a word", because that's EXACTLY what your side is fighting over.

[Blueroguehog]

My question to you is this: Why should they? Why should homosexuals just sit back and accept the fact that they're being treated like second-class citizens?
--------------------------------
The reason is that homosexuality is really a psychological disorder..... seriously, have you ever examined the so called "study" that was the basis of the normalization?

[LeftRight]

Except for the minor little fact that Homosexuality is not a choice, but rather a biological imperative.....

[Agentprovokatur]

As a believer in separation of church and state I applaud the, likely ill fated efforts to punish the Mormon church for its probable violations of the tax laws for its blatant participation in the Prop 8 campaign.

One question being raised is the more diverse (so to speak) religious/political problem of the Black and Hispanic vote. According to exit polls (I believe) the claim is 70% of blacks and 55+% of Hispanics, who came out in record numbers to vote for Obama in California also voted Yes on Prop. 8.
It would seem that the Right is not the only party with a "religion" problem.

Liberals and Progressives have long attacked the Republican Party as being hijacked by conservative Evangelicals. I have been reading the back and forth rehtoric blossoming elsewhere which consist of at least 2 (at the extremes) camps:

"Oppressed-er than Thou" - Black persons denouncing even the use of the term "Civil Rights" by LGBT's as demeaning of their struggle for equality in America.

"Betrayal" - LGBT's who say they helped push for Black rights, helped get Obama elected and now feel like Blacks are using the same bible that gave them solace during that struggle as a Whip to keep LGBT's "in their place."

Misuse of Religion is not just a Republican Party problem.

I hope President Obama can help us unify our own party or I fear for the prospects of uniting the divided country he inherits from Bush.

[Blueroguehog]

1) Separation of church and state means that the state should stay out of religion, not that religion should stay out of politics.
2) By going after the Mormon church you are essentially denying Mormons a very important first amendment issue; freedom of religion..... a right easily more important than a homosexual's right to call their union a "marriage."
3) Before the election it was commonly supposed that pro-homosexuals would use the marriage issue to go after organized religion's tax status (as they have done in Massachusetts), now that they don't have that issue they are still going after churches anyway.... so obviously the "Yes on 8" supporters were correct.

[AdamX]

I have marched and fought and contributed and supported gay causes. Meanwhile, I am willing to admit that there is no such thing as gay "marriage", and that is how I will vote. I am now being called every name in the book by supporters of gay marriage. Ironic! Hopefully you will stop hating heterosexuals someday. In the meantime, I support every union and benefit. You don't get to call it marriage. That's all. Call it something else and everyone will be happy, including you. You are arguing over a WORD. I will continue to support the gay community, and I will continue to be against the redefinition of marriage.

[LeftRight]

And I have marched and fought and contributed and supported Adam causes. Meanwhile, I am willing to admit that there is no such thing as Adam "marriage", and that is how I will vote. I am now being called every name in the book by supporters of Adam marriage. Ironic! Hopefully you will stop hating non-Adam's someday. In the meantime, I support every union and benefit. You don't get to call it marriage. That's all. Call it something else and everyone will be happy, including you. You are arguing over a WORD. I will continue to support the Adam community, and I will continue to be against the redefinition of marriage.

See the problem here???

[TheHandyman]

It isn't just a word, it is a state of being. As one of my mentors said to me, "even if a million people decide to call a dog a dump truck, it still won't haul any dirt.' You really need to work on your critical thinking skills because you make no sense!

[Blueroguehog]

So we should change the definition of society's most important institution just because it bothers some people?? I think you should take your mentors words to heart and get over it. Just think of it this way.... marriage is an institution reserved for a man and a woman not because there is necessarily anything wrong with homosexuality, but because it takes a man and a woman to create a baby, and society has a legitimate interest in building a strong relationship between mother, father and baby.

[HawaiiBill]

My future husband and I were trying to decide between San Francisco (where I was born) and Boston (where he was born) for the location of our wedding (with 150 guests from around the country) next August...but the voters of California made it for us. Gee....thanks.

We will thankfully spread our money and the joy of our families in Massachussetts where we are welcomed.

[Peloriagrl]

I am sorry. May you and your husband still have much joy and love in your life....and hopefully one day you can renew your vows in any state you see fit. :)

[Mama-rachel]

Your article is brilliant sum up of this entire situation-- and to think a lot of Yes on Prop 8 voters are doing it out of Christian "principals".. I think Christ would be chagrined by the lack of loving others, and the actual hatred that is seeping out.
As Mother to a beautiful, hard working, dear souled lesbian daughter my awareness of gay-lesbian community has been heightened. This, "you can choose to be gay or not" argument is ridiculous, maybe a tenth of 1% of humans would choose such a difficult path- though even if it were a choice, making any citizen second class runs against the tenets of our United States Of America.
All in all, it is a very upsetting for me, and a setback to for America.

[AdamX]

I'm not a Christian. Good try.

[Mama-rachel]

You are not part of the many Christian supporters of Prop 8 -- your point is?

[trailblazer]

Both of my parents were right-handed, and I am left-handed. Apparently, back in the day, teachers used to try to force left-handed children into being right-handed. My uneducated mother who grew up in the Dust Bowl of Oklahoma and came to California with her farm worker parents knew that this was a bad idea " she had heard it caused stuttering and learning disabilities. She went to school on the first day of every grade, and told the teachers "she"s left-handed " leave her alone," so no one ever attempted to force me to be right-handed. My right-handed parents did not "turn" me right-handed. Being around other right-handed people did not turn me into a right-handed person. Growing up in classrooms surrounded by right-handed kids and having right-handed friends had no affect on me. Neither, might I add, did my influence turn my right-handed friends into left-handed kids. Both of my daughters are right-handed. Me being left-handed did not turn both or either of them into left-handed people.

[Peloriagrl]

Well said!

[TheHandyman]

What your are really addressing is what science has proven and that is that being gay is determined genetically rather than by environment. Unfortunately we are dealing with people who have been brainwashed into believing nonsense and they refute science. What Prop 8 relied on was the erroneous message that children would be taught to be homosexuals. If you believe sciencethen the argument is absurd. Ration, logical people should attack irrational and absurd ideas but we are constrained because these are "religious" beliefs. To allow them to impose their silly ideas on us is absurd and these ideas should be attacked with full force. These people cannot be allowed to push a single stupid idea on us becasue if Prop 8stands, there will be more attempts to change our laws and that is their goal. They want a Christian State. Would you like to go back to the days when left handed people were witches? That's where we are headed.

[Blueroguehog]

The fact of the matter is that both science and environment play a roll:

"Says brain researcher Dr. Simon LeVay:

"At this point, the most widely held opinion [on causation of homosexuality] is that multiple factors play a role.

"In 1988, PFLAG member Tinkle Hake surveyed a number of well-known figures in the field about their views on homosexuality. She asked: 'Many observers believe that a person's sexual orientation is determined by one of more of the following factors: genetic, hormonal, psychological, or social. Based on today's state-of-the-art-science, what is your opinion?'

"The answers included the following: 'all of the above in concert' (Alan Bell), 'all of these variables' (Richard Green), 'multiple factors' (Gilbert Herdt), 'a combination of all the factors named' (Evelyn Hooker), 'all of these factors' (Judd Marmor), 'a combination of causes' (Richard Pillard), 'possibly genetic and hormonal, but juvenile sexual rehearsal play is particularly important' (John Money), and 'genetic and hormonal factors, and perhaps also some early childhood experiences' (James Weinrich)." (Page 273)

--Simon LeVay (1996), in Queer Science, published by MIT Press.

http://www.leaderu.com/orgs/narth/homorig.html

[RallyGrrrl]

"Senators Boxer and Feinstein, the mayors of San Diego, Los Angeles, and San Francisco, the state's major editorial pages, Pacific Gas and Electric, tech titans Google and Apple -- all opposed Proposition 8. Their opposition was rooted in the American ideal of liberty and justice for all, but it made practical sense, too. Call it a slow brain drain (brain leak?), call it a competitive disadvantage in recruitment, call it what you want. At the end of the day, bigotry is not just morally repugnant -- it's also bad business."

I couldn't have said it better myself.

The number one reason to be inclusive in your business is to avoid driving away some of the best talent with discriminatory policies. It's just bad business.

[AdamX]

I am no bigot, even if Dianne Feinstein thinks so. Nice try.

[LeftRight]

You're trying to prevent a group of people from having all their civil rights. How, exactly, are you NOT a bigot?

[fatherof4]

Separation of church and state is no where in our ORIGIANL documents. Check them out sometime and you might actually see what this country was founded on. If you read the writings of our founding fathers, GOD and His providence is mentioned over and over. I'm not saying they were all Christians, but they did believe in a God and predominantly the God of the Christian bible. That is why there were Congressional prayer meetings and prayer by the Supreme Court. This "Separation of Church and State" has to do with the State not running the church. Not that religion has no place in politics. We are not and will never be a Godless society.

[LeftRight]

It's not in the Constitution, but it IS in the writings of the founders. That's why the SCOTUS decided that there IS a separation of church and state!! They looked at the writings of Jefferson and others, and decided that the intent of the first was to create a "separation of church and state"

[fatherof4]

Once again, this was designed not to have a state run church like that of present day England. Not to tell any one with any sort of religious belief to stay out of politics.

[ThinkCreeps]

It's the 4 I feel sorry for. How go their inalienable rights?

[pons1595]

And that is the great tragic flaw of this country, you and your religious nonsense leading to laws and actions that are totally inhuman and EVIL!

[Peloriagrl]

True...and God through the Bible (His word)...also condones and sanctions slavery. So, were we Godless in abolishing slavery?? Hmmm....may want to ponder that my small minded friend.

[fatherof4]

As far as small minded goes, you may want to do a little research yourself. In regards to slavery in the Bible, there was no comparison to the ridiculous practice of slavery in the south. During the era the Bible was written, having "slaves" was the custom of practicall every people. group. These "slaves" were people working to pay off a debt and as soon as the debt was payed they were to be released. Also, every seven years they were to be released from the debt regardless. It was also FORBIDDEN in the Bible to beat or mistreat slaves. Nothing like the hate filled practice of the early south. Maybe you should do a little research yourself

[AdamX]

Actually, you are dead wrong. Jefferson might have had to satisfy religious nuts, but he was not one and didn't believe in it. He was anti-religion. You are free to practice your religion. Keep it out of my face.

[fatherof4]

I am not trying to put my religion in your face. You actuall don't even know what my religion is. Actually , YOU are wrong on the point of Jefferson. He was a Diest. Which means he DID believe in a God and creator but that he left the affairs of man up to us without His involvment.

[demfriend]

Prop 8 was sold based on lies and stupidity. I cannot say ignorance as those who sold it were counting on people not really thinking about the truth but based it on how "kids would be taught" to be gay! I was appalled by the selling of it and by what people believed it to be about. No kid is taught to be any sexualit by a school and if people had thought about their own kids exucation and how they themselves were never taught to be "hetero" in any scholl maybe they would have seen past the lies. Instead it was vewed as a threat to others by giving all the rights they do not have. When I saw the ads telling people that gays have all the rights as heteros I nearly lost it. The idiots screaming about the rights gays have that they do not have is beyond me. I have gay friends who could not see their loved one die because they were not "related" also ones who property was sold by "relatives" of loved ones when they couldn't "prove" it was shared. I am sickened by those who made the choice to pass this ban. I am straight and I do not believe the people who said yes to the ban were ignorant but stupid.

[Trejo12]

I abstained from the presidential election for the same reason I voted NO on Proposition 8.

In America, the rights of the individual are primary and inalienable. And governments are instituted to protect such rights, including, but not limited to the right to life, liberty, property and the pursuit of happiness. This includes marriage contracts. There is no valid, rational, logical, moral basis for the elimination of rights by majority vote (or minority influence). The banning of same-sex marriage by a consortium of religious groups is a gross violation of individual rights and of the separation of church and state.

I voted NO on Proposition 8 for the very same reason I voted NO on Obama (and McCain) Their faith faith-based moralities are equally arbitrary, unfounded and dangerous"and will bear the same legislative consequences.

[metogamekun]

Our grandchildren will be just as ashamed of us for this as we are (or should be) regarding segregation during the early part of the 20th century.

I just don't get how we as a nation can be evolved enough to have just elected the first African-American president, but yet still feel it's okay to discriminate against our gay brothers and sisters.

*sigh*

[jcorrington]

I SOOOO agree! What will be next, sex police??? Who really cares who sleeps with who??
It really does feel unconstitutional.

[AdamX]

This is NOT discrimination. It is about a WORD. Get over it, and stop calling me bigot - that makes YOU the prejudger.

[ProudLiberalDan]

Someone who doesn't believe in equality would be accurately described as prejudiced, and therefore, a "bigot".

[LeftRight]

BALONEY!!!! It's about DISCRIMINATION!!! There are over 1800 rights granted to people in the USA DIRECTLY tied to the "word" marriage! NO AMOUNT OF CIVIL UNION LAWS WILL EVER REPLACE THAT!!