Tuesday, May 26, 2009

Fidelity

The California Constitution is an inane instrument. Through the initiative process, it allows the democratic populace to strip disfavored minorities of fundamental rights on the basis of a mere majority vote at the ballot box. In that sense it can hardly be said to be a constitution at all, as part of what distinguishes constitutions from mere law is that constitutions are generally hard to change – mere majority votes generally do not suffice – except in California. 

Proposition 8 was upheld today, as expected. The California Supreme Court said that a majority of Californians legally amended the state constitution last November 4th to outlaw same-sex marriages. The court also said that same sex couples married prior to Proposition 8 were not effected by the proposition and are still legally married.

What the people can do, the people can undo. It's time to launch a political movement to again amend the California Constitution to repeal Prop 8. This is an opportunity for equality-loving Californians to educate their fellow citizens about the issue of same-sex marriage. And then in 2010 it'll be back to the ballot box to set things right. 

And hopefully in the long run, Californians will change the process for amending their state constitution. Amendment by initiative is a horrible idea. No mere majority should hold such a power. 




Contribute to the effort here.

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