Proposition 8
Sunday, August 15th, 2010For Americans interested in Gay Rights, and marriage laws, Proposition 8 and developments around it are of ongoing importance. Attitudes to gay marriage vary around the world and many countries have a lot of catching up to do. At loveyoudivine we have a number of writers who are GLBT folk, (not just writing about it) making this an issue that we care about a great deal.
Below are a selection of thoughts offered by loveyoudivine authors, two of whom were involved in our To Love and To Cherish anthology.
A View from the North – by Jean Roberta, a contributor to To Love & To Cherish
The ridiculous Proposition 8, a bill that overturned a law that had already been passed in California to allow same-sex marriage in that state, has now been overturned on grounds that it is unconstitutional. (I’m sorry if this sentence is confusing, but the one-step-forward and two-steps-back progress of “gay rights” in the U.S. is hard to explain in simple terms!) Those of us who are watching from farther north would like “CA” (California) to join the other “CA” (Canada) in allowing all consenting adults (men, women, undecided or in-between) to have access to all the legal benefits and responsibilities of marriage.
Why did Canada become the fourth nation in the world to allow same-sex marriage? The bill that proposed (pun intended) this option was passed into law in the Canadian Parliament on July 20, 2005. This bill was based on the Canadian Charter of Rights, part of a national constitution which became law in 1982, and which outlaws discrimination based on gender, among other things. Do you see where this leads? If men and women are defined as equals, then heterosexual marriage can’t be a master-and-slave arrangement – not legally, anyway. And if it is a contract between equals, then no one could reasonably argue for a “notwithstanding” clause to prevent same-sex marriages. (The Conservative Party of Canada argued for this clause, but they were outshouted by smart lawyers. Ha.)
So there is the key to progress: legal equality between women and men leads to legal equality for people of all sexual orientations. It’s as simple as that, at least under the law.
My rant for the blog – David Sullivan (author of bisexual fiction)
As the author of a book on wisdom and common sense (Wisdom is the Answer, Common Sense is the Way, 2009 by RDR Publishers) I’d like to weigh in on the recent Federal Court ruling that struck down California’s marriage law being for only a man to a woman.
First: think back in history for other prejudicial laws. When one couldn’t marry outside of one’s race? When Asians couldn’t own property in California. It happened to friends of mine, one was American born but 100% Chinese.
Second: some people claim that they want to hold fast to the original idea of marriage: one man, one woman. Ok, but which “original” concept and in which country because they vary from culture to culture. And how far back to go, but let me recall some of the ‘old’ concepts. A man could buy a wife, or parents would pay for a man to marry a daughter. Wives were considered on a par with the livestock. A man could beat or force sex (rape) with his wife and was allowed to beat her with a stick as big as his thumb (the rule of thumb.) In some cultures a man could kill his wife for certain offenses.
Third: In my book I asked people to look deeply within their hearts. Do the beliefs they hold truly hold a valid truth or do readers believe certain things because they were taught that way and are afraid to speak against it. How would you feel if a rule or law was against something you believed in? Ask: Is it fair?
Finally, as a retired police officer I know the US Constitution calls for “equal protection under the law.” No exception for blacks, Italians, women, short people, gays, lesbians or bisexuals.
Those who fail to remember history….
Thoughts from To Love and To Cherish editor Lara Zielinsky
Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement;” ~ VAUGHN R WALKER, United States District Chief Judge, August 4, 2010
I was ecstatic that Judge Vaughn Walker overturned Prop 8 in California, particularly with his reasoning (stated above).
The writers of Sapphic Planet united to write our 14 stories in To Love and To Cherish because Prop 8 had taken away the rights given to LGBT couples in the 5 months from June to November 2008, and we needed to vent, to educate, and to share our inner passion about how beautiful, strong, and natural lesbian loving relationships are and how they deserve the rights of marriage.
Judge Walker saw the same reasoning in legal standards as we did in our hearts. Marriage — the desire to love and cherish and build a home and life with someone — is a civil right — and he required the immediate reinstatement of marriage to all California citizens, regardless of sexual identity or orientation.
Though the fight is not over — this thing still has a trip to the U.S. District 9 Court of Appeals and the Supreme Court, I am very hopeful that the day is close at hand when marriage will be established as a civil right for ALL U.S. Citizens.
Sincerely,
Lara Zielinsky
co-editor, To Love and To Cherish
(2010; loveyoudivine)
At loveyoudivine we know that ‘equality’ means everyone. It doesn’t mean equal rights only for people you happen to like and feel comfortable about. It doesn’t mean accepting prejudices rooted in ancient religious laws. Diversity is a good thing, and we celebrate humanity in all its complexity. We hope for a brighter, more tolerant future.





