However, the Proposition 8 protests planned for today across the nation, I think will actually have traction. At least, I certainly hope they will have traction. How is it that in 2008 same-sex marriages are even an issue? Why have we not moved passed this? Most western nations have, why have we not? And all Americans should be absolutely ashamed that we have not. I am. This is even our home turf we are debating. One doesn't have to look far into the Constitution to see that these Marriage-defining Amendments being passed all across the nation go against every right supposedly upheld in this country. Every amendment in the US Constitution, through its verbiage, defines the rights of citizens by restricting government infringement. See Amendment 1:
Also see Amendments 2, 4, 5, 6, 8, and 9 for further examples. All of these amendments are written in a way to restrict government from infringing on the rights of the people, not the opposite, which would give powers to the government to infringe upon the rights of the people. Marriage-defining amendments by definition seek to do this exact opposing action. These amendments at their base exclude a group of US citizens from rights by way of government infringement. Homosexuals, Heterosexuals, Bisexuals, etc. should ALL be enraged by the powers of these new amendments. Why? Simply put, it goes against the precedent set by these amendments, collectively called the BILL OF RIGHTS. The Bill of Rights, that brilliant set of amendments passed by the guys who birthed this country who realized the importance of setting these precedents as they knew it would be impossible to write a Constitution that would cover all unforeseen issues that would arise in the future of this country.
Now some may say that under the 10th amendment, which delegates all powers to the states, not given to the United States by the Constitution, as a pass to let this issue be solved by the states. Again, one doesn't have to go far to find a precedent that deflates that argument. The Civil Rights Act of 1964 which rightfully killed segregation, created an instance in which broad legislation on a federal level delegated actions to be carried out by the federal as well as state and local governments to reverse 'separate but equal' laws. This Civil Rights act laid the foundation for future federal level upholds of Rights guaranteed to not be infringed upon by state level definitions of citizens' rights. One would be hard pressed to find an American these days who believed that segregation was a right and just way to structure society, much less that it was fair to the minorities that it segregated or that the Civil Rights Act of 1964 wasn't absolutely necessary. But in 1964, if the reversal of segregation had been put to a referendum vote in a state, say like Mississippi, would it have actually have passed? NO. It would have been overwhelmingly defeated. So, by this logic, it can be strongly argued that basic civil rights of the American people should be upheld on a federal level from being defined at state levels.
So all Americans should be happy to know that these redefining amendments are already being challenged in the court system. If I remember correctly from what I heard on the radio earlier today, at least 3 cases are already being heard in California. I can already see a scenario in which some of these cases may reach the federal courts. Then the real debate happens and it seems that past precedents are on the side of equal rights for all.
So unlike some public protests that I've witnessed in the recent past, this one, has traction. This is not about some foreign policy that has created a war that some of us disagree with or any other issue that the ruling administration blindly believes is up to them to be the ultimate DECIDER on. No, this is something that hits closer to home. This is an issue of how our government does or doesn't infringe upon our basic Civil Rights. Gay, Straight or whatever, this is a fight we all should be paying attention to. As for me, I'm just another straight man who's standing up for my and every other American's equal rights.