On November 4th, 2008 Arkansas, Georgia, Kentucky, Michigan, Mississippi, Montana, North Dakota, Ohio, Oklahoma, Oregon and Utah all voted in favor of banning gay marriage. In California, however, Proposition 8 will be put to a legal test. San Francisco City Attorney Dennis Herrera has filed suit (PDF) to halt the enactment of Proposition 8 eliminating the right of same-sex couples to marry. In a nutshell, here is why: Under California law, an amendment makes a small change to the state constitution, and can pass with a simple majority. However, drastic revisions of the state constitution must pass with a 2/3 majority vote and cannot violate other fundamentals in the constitution. As it so happens, restricting marriage to one man and one woman violates the equal rights of a group of citizens. A group that, in fact, has already been legally identified as a minority group in need of equal rights protection. According to the Paul Hogarth, Prop 8 was not your typical amendment that merely tinkers with the California Constitution. It was a drastic revision that deprives a suspect class (gays and lesbians) of a fundamental right under equal protection. And a simple majority vote of the people is not enough to take that right away – especially when the purpose of equal protection is to shield minorities. While other courts have upheld marriage amendments in other states, they have different Constitutions – and court rulings have changed considerably in a short period of time. And unlike many states, California has explicitly found gay and lesbian people to be a minority group whose rights need protection. This also brings up the issue of whether previous gay marriages in California can be voided or not, an issue that has many couples worried as they face the Prop 8 aftermath. Ironically, most of the money that paid for the Yes on prop 8 campaign in California came from the Knights of Columbus (who call themselves a "Catholic men's fraternal benefit society) and the Mormon Church. According to the Salt Lake Tribune, the Church of Jesus Christ of Latter-day Saints is accused by Californians Against Hate of not reporting contributions made to the Yes on Prop 8 campaign. Hearing the Mormon Church define marriage as 1 man + 1 woman is a bit comical, given historical Mormon views on polygamy, but I'll leave you to ponder that mismatch. At any rate, if the courts throw out Prop 8 as unconstitutional, then it will certainly be a victory for equal rights, a blow against discrimination, and change for the better.

Content Copyright Citizen of Earth and Earthly Happenings 

Lets give a big round of applause for Marc Shaiman's Prop 8, The Musical, staring Jack Black, John C. Reilly, and more! Want to know the story behind the attempt to ban gay marriage in California (Prop. 8)? Then spend a few minutes watching this great little piece of edutainment.