East Bay Times

California must safeguard equal marriage rights

-

California needs to protect same-sex marriage by removing Propositio­n 8 from the state Constituti­on.

The U.S. Supreme Court decision to overturn Roe v. Wade proves the state cannot take federal equal rights protection­s for granted. Justice Clarence Thomas made that clear in his concurring opinion when he wrote that the court should reconsider the landmark rulings that legalized contracept­ion, samesex intercours­e and same-sex marriage.

Thomas' opinion sent shock waves throughout California, given that Propositio­n 8, the initiative voters approved in 2008 banning same-sex marriage, sadly remains on the books. Yes, Propositio­n 8 was ruled unconstitu­tional by a federal district court in 2010. Yes, the Supreme Court guaranteed marriage equality with its Obergefell v. Hodges ruling in 2015. And yes, none of the other conservati­ve justices on the Supreme Court signed on to Thomas' opinion in 2022. But Roe v. Wade showed that California­ns should not make assumption­s on what the Supreme Court will do next.

In response, on Valentine's Day, Bay Area state Sen. Evan Low introduced Constituti­onal Amendment 5, which would make same-sex marriage a basic right for California­ns.

The measure requires the approval of two-thirds of the Legislatur­e. If that happens this year, as expected, Constituti­onal Amendment 5 would be placed before voters on the Nov. 5, 2024, ballot.

One of the main arguments against same-sex marriage — that it somehow diminishes the institutio­n of marriage between a man and a woman — has never made sense. We have long argued that couples shouldn't determine the value of their vows based on who else is allowed to take them.

It's also important to remember that marriage confers hundreds of rights and responsibi­lities to couples, including, but not limited to, parenthood, medical care decisions, tax benefits and liabilitie­s and inheritanc­e. Marriage also leads to improved civic life, given that stable families have a major interest in building strong communitie­s.

The Catholic and Mormon churches poured millions into the effort to pass Propositio­n 8, approved by 52.2% of California voters.

Since then, growing numbers of Americans support same-sex marriage, to the extent that younger generation­s often wonder why it's an issue, period. A 2022 Gallup poll showed 71% of Americans believe samesex marriage should be law. To show how times have changed, when Gallup first polled about same-sex marriage in 1996, barely a quarter of the public (27%) supported legalizing such unions.

California­ns should want their state Constituti­on to be about conferring rights, not taking them away.

Making same-sex marriage a basic right for California­ns ensures that what society knows to be a beneficial institutio­n will be open to all adults. Every young person should grow up knowing that they have the fundamenta­l right to to create their own family and enjoy the benefits it brings to them and their communitie­s.

 ?? ROBERT DURELL — THE ASSOCIATED PRESS FILE ?? Protesters gather at the state Capitol in Sacramento in 2008to protest the passage of Propositio­n 8. California state Sen. Evan Low introduced legislatio­n on Valentine's Day to officially repeal a 15-yearold voter initiative meant to ban same-sex marriage in the state.
ROBERT DURELL — THE ASSOCIATED PRESS FILE Protesters gather at the state Capitol in Sacramento in 2008to protest the passage of Propositio­n 8. California state Sen. Evan Low introduced legislatio­n on Valentine's Day to officially repeal a 15-yearold voter initiative meant to ban same-sex marriage in the state.

Newspapers in English

Newspapers from United States