That's what I hate about our democracy. The idea of the Constitution is to defend people's rights, regardless of whether or not the majority agrees with people's use of those rights. Allowing people to overrule the law just because the majority disapproves of something invalidates the law. It would be akin to disallowing militant Muslims the right to protest-- I can imagine that the majority might wish to disallow such activities, but the right to free speech is protected by the Constitution.Rayhawk wrote:The interesting thing in California right now, as a result of Prop 8's passage - d a p p e r marriage was originally declared legal because the California Constitution states that the law can't make legal discriminations based on, among other things, gender, and that no law can contravene that basic right.
Anyway, it annoys me that people even have the power to vote on such things at all. As I've said before, I wish there were a way of ensuring that only intelligent and/or objective people could vote. Or, simply make other people's votes count considerably less.
Hm. I guess it's arguable. I'm disappointed in the extreme brevity of the amendment, which reads in full:Rayhawk wrote:The problem with Prop 8, which just passed, is that it doesn't do anything to change the California Bill of Rights - gender equality requirements under the law are exactly the same as they were before.
"Only marriage between a man and a woman is valid or recognized in California."
Effectively, it makes no point of the discrimination that you mentioned, which is what I would have expected it to do. Something like inserting "except in the case of marriage". As it stands, it would appear to invalidate any out-of-state same-sex marriage, as well as any same-sex marriage previously enacted in California. But it doesn't appear to have any implications to the effect of preventing heterosexual marriage. Well, not to me, at least.
Here's a question, though. What do you have to do in order to legally switch your gender? Do you HAVE to have an operation in order to get your legally recorded gender changed? Could I just say "ok, I'm a woman now", fill out the paperwork, and get married to whatever man I want?
DaveE




