Proposition 8: Two New Battles Over Same-sex Marriage

Image from Sydney Morning Herald

I've been following developments in the California Proposition 8 aftermath, and this weekend, two significant events have occurred. And no surprise, they're from opposite sides of the fight. California Attorney General Jerry Brown has entered a lengthy argument for overturning Proposition 8, the measure that rescinded the right for same-sex couples to marry. And the anti-same-sex marriage folks have filed suit to have the 18,000 existing marriages annulled.

Wherever you come down on this issue, does it seem right to you that a vote, a lawsuit or the government should be able to annul legal marriages? It doesn't to me, but I'm admittedly biased, since I am one of those 36,000 people who got married this year while it was still legal.

This strikes me as one step too far; the "Yes on Prop. 8" folks pushing their luck. They can frame their original argument as an "issue." With issues, you are either for or against it. When you win the fight, you just say to the "losers," we won, you lost, get over it. We'll all just have to agree to disagree. And while I don't see myself or my marriage as an "issue," many do.

That argument doesn't seem as persuasive when--after they've already won their fight--they come back in for the kill. Those 18,000 couples are in a legal loophole right now. We're married, but nobody can follow us and do the same. The other side won. We present no further "danger" to their cause. But they got their taste of power, and want to "spend their capital." I'm just hoping that they've overplayed their hand.

Now, the one thing that I'm worried about is that these two attempts don't play out in the wrong order. What if they rule to annul my marriage, and then Prop. 8 is thrown out? What then? Do I have to get married again? I'm telling you this much, unless my marriage remains legal, I want my money back. Can California afford that?

[Excerpt]

Jerry Brown urges court to void Prop. 8

California Attorney General Jerry Brown changed course on the state's new same-sex marriage ban Friday and urged the state Supreme Court to void Proposition 8.

In a dramatic reversal, Brown filed a legal brief saying the measure that amended the California Constitution to limit marriage to a man and a woman is itself unconstitutional because it deprives a minority group of a fundamental right. Earlier, Brown had said he would defend the ballot measure against legal challenges from gay marriage supporters. . .

Read more at: Sacramento Bee

[Excerpt]

Opponents file suit to annul gay marriages in California

Opponents of same-sex marriage in the US state of California, who won a referendum blocking the unions last month, said Friday they filed suit to annul thousands of gay marriages conducted in the state this year. . .

Read more at: Raw Story