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The voice of De Anza since 1967.

La Voz News

The voice of De Anza since 1967.

La Voz News

    Don’t overturn Prop 8 (but not for the usual reasons)

    In light of different activist groups trying to get Proposition 8 overturned, I have begun to think that overturning this legislation is not the correct course for us to follow if we want a permanent resolution to this polarizing issue.

    Let me start by clarifying that I am not a man who aspires to marry another man. Nor am I part of any socially conservative organization that proselytizes gay marriage to be immoral. In fact, I opposed Proposition 8 during the recent elections, and I stand by that decision today.

    “So you say you are for Equal Marriage Rights;wouldn’t overturning Proposition 8 be the way to get Equal Marriage Rights in California?”

    Yes it would, but only for about a year and a half. Very quickly we seem to forget how the California Supreme Court overturning Proposition 22 (the initial Ban on gay marriage) is what gave us Proposition 8 in the first place. California is about to repeat the same mistake twice.

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    There is no shortage of influence or funds in the Mormon Church, The Knights of Columbus and other anti-gay marriage organizations. If Proposition 8 is overturned, we will see another amendment just like it next time. You can count on that.

    “The Yes on 8 campaign was full of lies. Wouldn’t people see through all of that nonsense if it occurs again?”

    Most of the Yes on 8 propaganda was utterly ridiculous and misguided. It spread rumors about teaching gay marriage in schools, and lied about loss of tax revenue. However, I have to admit, out of the massive quantity of bologna rhetoric to come out of the Yes on 8 campaigns, there was one legitimate concern.

    As the law stood before the passing of Proposition 8, there was no legal protection for churches that refused to marry gay couples. Even an atheist like me can see a microcosm of injustice in this precedent.

    As a fan of the First Amendment’s freedom of speech, I feel obligated to defend the First Amendment’s freedom of religion. Churches shouldn’t be forced to perform gay marriage ceremonies if it’s against their moral standings.

    In fact, I think they will be fervent in their efforts to re-ban gay marriage and protect their First Amendment rights if Proposition 8 is overturned.

    “Are you saying that it has to be either equal marriage rights or First Amendment rights?”

    Not at all. I think that there is a way to have our sacrament-cookies and eat them too.

    Here is what I propose: First, let’s forget about every single piece legislation that has blocked equal marriage rights in our recent history. Let’s forgive all deceitful ad-campaigns and every time we thought that someone holding a Yes on 8 sign is nothing more than a Gay-Hater. Give California a Blank Slate.

    Instead of putting all our proverbial “eggs” into the basket of overturning Prop 8, we should utilize this time between elections to amend a new law that will legalize gay marriage and simultaneously, allow religious organization the right to refuse service to anyone they do not find eligible for marriage according to the teachings of their own particular faith.

    “Are you saying that you think it’s okay for churches to discriminate against the gay community?”

    It’s not okay for gays to be discriminated against by anyone. However, if Equal Marriage Rights activists are willing to make this compromise with religious organizations it will convert (forgive the pun) the faithful who voted Yes on 8 out of fear of their churches facing legal problems. This way, while we are waiting for socially conservative religions to catch up, the state is already treating gay couples fairly.

    Consider politics to be a game of chess. Everyone knows that you will never win the game if you only play defense.

    We need to stop merely reacting to bigoted legislation and then pleading with the courts to help us when we lose.

    What I want is equal marriage Rights activists to put themselves on the offensive with a strategy that has the best chances to win. Overturning Proposition 8 will be “check,” and the new law that legalizes gay marriage and protects churches is “checkmate.”

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