I can’t say I am surprised by the decision of the California Supreme Court to uphold proposition 8 and revoke the right to marry for gay couples, but I am saddened and concerned that we have to travel down this road.
My personal belief is that it isn’t the government’s business who we marry. I’m a fairly libertarian kind of guy always preferring to live and let live. However, because I want gay people to have fully the same rights I have does not mean I will gnash my teeth and spit venom over this ruling.
The state constitution is unclear what is a revision and what is an amendment. I could see the argument to overturn Prop 8 based on that premise — that it is a revision and not an amendment — but I can also see the weakness in the argument. The argument did not carry the day and now the fight returns to the ballot box. In the end I think the fight will be won by the right side and if the GOP continues to align itself strong with the opposing side then they are in for hard times.
However there is cause for concern. Right now in California any right not already secured and protected by the federal government is subject the whim of the majority. Fifty percent plus one is all it takes to revoke a right in California.
A constitutional republic is supposed to be about protecting the right of the minority and then has been terribly weakened this week.