A week ago, the California Supreme Court upheld Proposition 8, a citizen initiative that amends the state constitution to deny legal recognition to same sex marriages. The decision guarantees that the debate over marriage equality will continue in California, just as it continues in Maine.
One of the key differences is that Maine law will soon recognize same sex marriage. The debate here is being carried forward by those who dissent, seeking a referendum to overturn the law.
No doubt this is an issue that will mobilize activists on both sides of the question for years. We are confident that acceptance of same-sex marriage will continue to spread. Some people will not easily reconsider their opposition, but as more gays and lesbians marry, it will become harder to argue that marriage itself is in jeopardy.
The California decision was a victory for the defenders of traditional marriage, but there is not a word of support in the opinion for Proposition 8. Although the California Supreme Court upheld the initiative, it did not disavow its earlier finding that same-sex couples have a constitutional right to the benefits of marriage.
The California court simply deferred to the will of a narrow majority rather than standing up for what is just. Like the Supreme Court justices who once found merit in “separate but equal” education for black children, California’s court came to the conclusion that civil unions are an adequate substitute for marriage.
Only Justice Carlos Moreno, in dissent, recognized the injustice of denying marriage rights. He argued that the California decision, by deferring to the will of the majority, threatens the fundamental rights of all minorities.
Maine and New Hampshire have passed laws recognizing same-sex marriage. Laws barring same-sex marriage have been found unconstitutional in Connecticut, Iowa and Massachusetts. A Proposition 8 drive in these states would be more difficult than California, because it takes more than a simple majority vote to amend the state constitutions.
Same-sex couples who intend to commit themselves to a long-term union deserve all the rights and protections of civil marriage. Yet many otherwise tolerant people, who profess goodwill toward their gay and lesbian friends, believe marriage can only be between a man and a woman.
We hope the coming debate in Maine will convince many that civil marriage is no threat to the traditions of any church. Beyond that, we hope many will come to opinion that broadening marriage to include same-sex couples will make our communities stronger and more stable.
— Questions? Comments? Contact Kristen Schulze Muszynski or Nick Cowenhoven at 282-1535 or kristenm@journaltribune.com or nickc@journaltribune.com.
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