logomancer: Xerxes from System Shock 2 (Default)
In case you missed the announcement today (as I did, because I was at work), the California Supreme Court, by a 6-1 vote, upheld Proposition 8 [PDF], which outlaws same-sex marriage. The gist of the Court's argument was that the changes made by Prop 8 weren't significant enough to be called a constitutional revision (which can't happen by ballot initiative). To them, Prop 8 didn't deny homosexuals "the right to establish an officially recognized and protected family relationship with the person of one’s choice and to raise children within that family", it just forbade them from describing that relationship with the term "marriage". Because that's such a little itty-bitty thing, right? *rolls eyes*

Thus, 7 old people in robes shove gays to the back of the bus. Congratulations, California, on your transformation from being the liberal Sodom and Gomorrah of right-wing hate radio to being more conservative than Iowa. Rush Limbaugh must be proud.

Now, I Am Not A Lawyer. But those learned justices, in all their searching of case law and precedents, perhaps failed to see this bit of the Universal Declaration of Human Rights:

Article 16

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

The United States adopted the UDHR in 1948. Thus, through this decision, California is in violation of international law. Lucky for them that the US doesn't give two shits about the UN, or, for that matter, human rights.

So the amendment full of fail gets to continue to fail, probably for a very long time. However, not all of the blame should be put on the Supreme Court for this abomination. Let's talk about another group that's perhaps more responsible for this scenario -- the voters of California.

Before people get the wrong idea about what I'm about to say, I think democracy is the best form of government around. I love the concept of referenda and ballot initiatives, and I would love to see something like that in Virginia (with better implementation). However, letting the masses crush the human rights of any individual or group beneath its boots is the beginning of a slippery slope that leads to inhumanity and injustice. Codifying bigotry is wrong, no matter who does it. If they end up putting people who are too different for society in camps 10 or 20 years down the road, and I see one of these Prop 8 supporters being hauled off into the Party Van, I will point and say, "You deserve it, asshole!" because they enabled it to happen.

And I might also laugh.


logomancer: Xerxes from System Shock 2 (Default)

January 2015



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