I voted against Proposition 8. And this is what I cannot understand about all those who voted FOR it. When you get married, there is both the CIVIL component and the RELIGIOUS component. You get married in the church, and you also go down to city hall to register as a married couple for legal purposes. This is the embedded separation of CHURCH AND STATE that is one of the basic tenets of our country, that was so important to our Founding Fathers to differentiate ourselves from the ties to the Old Country and the Church. …
It pains me to think that not only are the Mormons and the Knights of Columbus strongly FOR Proposition 8, but that it wrote discrimination into the California Constitution. And it embeds religious views about what marriage is — between a man and a women — that have absolutely no place in a civil document. That document is about state rights and freedoms and not about religious views on marriage. Again, when you get married, you have the church ceremony, and then you have the PAPERWORK attached, so that when you file your taxes or get your health benefits, you’re listed as a legal couple.
What Prop. 8 did — and it’s a very dangerous precedent — was it used the power of the majority to take rights away from a minority. Think of “mob rule” to impose their views on what they think is RIGHT even if it’s not. I think again and again to interracial marriages in the 1940s, something that was not “popular” that if it was left to a majority vote, it would not have passed.
That’s why we have THREE branches of government, so that the JUDICIAL branch checks and balances the mob rule of the LEGISLATIVE branch of government if something is not appropriate. That’s what happened during the civil rights with Brown vs. the Board of Education. It’s the same argument.
Jerry Brown is right to sue to overturn Prop. 8. The pro-Prop. 8 folks who want to sue to overturn Jerry Brown are wrong to want to enforce Prop. 8. The courts are absolutely right on this issue. That’s my take on this, and I am not an attorney. (Although I could play one on TV.)