2008 Woodie Awards
As country ready for change, California bans gay marriage
By: Katherine Jarvis
Issue date: 11/12/08 Section: Features
Editor's note: This article has been corrected. See below
A battle started May 15 when the California Supreme Court overturned the ban on same-sex marriage, and while the fight for marriage rights seems to be over with the passing of Proposition 8, the debate is far from over.
Three lawsuits have been filed since the state constitution was amended, eliminating the right of same-sex couples to marry, by a margin of 4 percent.
Same-sex marriages that took place before the ban should remain recognized by state law, said Counseling and Wellness Center psychologist Lana McKnight, who married her wife Kasey McKnight before the legalization was overturned.
The country has taken away rights from gay and lesbian people, said Lana McKnight in an e-mail. Similar ballot measures to Proposition 8 passed in Arizona and Florida, and a measure in Arkansas made it illegal for same-sex couples to adopt or foster children.
"Apparently the country is ready for change," she said. "Unless it comes to the civil rights of its many gay and lesbian citizens."
But it is the increased minority vote that contributed to the success of Proposition 8, said A.J. Kuck, Chico State Republicans president.
Democrats forget or don't keep in mind that they're supposed to represent a lot of the Hispanic and Catholic population, he said.
"This voting block is still traditional and conservative in concern with traditional values," he said.
Kuck thinks the lawsuits against the proposition are an "erosion" of the constitution, he said.
"A select few are trying to dictate how Americans should view a particular way of life or a particular viewpoint," he said.
Tim Miller, who spoke at Conversations on Diversity on Oct. 29, compared the right of same-sex couples to marry to the legalization of interracial marriage in 1948, he said. The California Supreme Court also declared laws prohibiting interracial marriage, or anti-miscegenation laws, unconstitutional, but no one put an initiative on the ballot to overturn the ruling.
"This should really embarrass us," Miller said. "We had the courage to uphold the ban on (prohibiting) interracial marriage, but not the courage to keep gay marriage legal."
Despite the short legalization of same-sex marriage, Miller and his partner of 13 years, Alistair McCartney, from Australia, were advised to not get married because his visa expires in 2009, Miller said.
Before the amendment, California gave new marriage rights to many citizens, he said. But had Miller and McCartney married, federally it would not have been recognized.
Sophomore Brian Ray coordinated the joint effort to vote "no" on 4 and 8 and while Proposition 4 didn't pass, he is very upset that Proposition 8 did, he said.
But Ray hasn't given up hope, he said.
"It's just another bump in the road, and we'll eventually get to equality for everybody," he said.
Proposition 8 is a constitutional amendment and cannot be challenged in court as unconstitutional since it is part of the constitution, said political science professor Craig Scarpelli. It would have to be through the federal courts.
Scarpelli thinks part of why Proposition 8 passed has to do with the advertisements, he said.
The claim that same-sex marriage would be taught in schools if the proposition was voted down was effective, he said. But Scarpelli is not sure whether these ads were completely accurate.
Senior Marisa Lopez is disappointed and thought the "Yes on 8" campaign used a lot of scare tactics, including its ads, she said.
"I believe in equal rights for everyone," she said. "I think it's wrong that people don't get the right to marry someone they love."
Katherine Jarvis can be reached at
kjarvis@theorion.com
The headline incorrectly stated "Gay marriage ban shows California is 'ready for change'." The Orion's reporters strive for accuracy. We recognize that mistakes will occur, but we treat every error very seriously. If you feel a correction needs to be made, e-mail the managing editor at managingeditor@theorion.com
A battle started May 15 when the California Supreme Court overturned the ban on same-sex marriage, and while the fight for marriage rights seems to be over with the passing of Proposition 8, the debate is far from over.
Three lawsuits have been filed since the state constitution was amended, eliminating the right of same-sex couples to marry, by a margin of 4 percent.
Same-sex marriages that took place before the ban should remain recognized by state law, said Counseling and Wellness Center psychologist Lana McKnight, who married her wife Kasey McKnight before the legalization was overturned.
The country has taken away rights from gay and lesbian people, said Lana McKnight in an e-mail. Similar ballot measures to Proposition 8 passed in Arizona and Florida, and a measure in Arkansas made it illegal for same-sex couples to adopt or foster children.
"Apparently the country is ready for change," she said. "Unless it comes to the civil rights of its many gay and lesbian citizens."
But it is the increased minority vote that contributed to the success of Proposition 8, said A.J. Kuck, Chico State Republicans president.
Democrats forget or don't keep in mind that they're supposed to represent a lot of the Hispanic and Catholic population, he said.
"This voting block is still traditional and conservative in concern with traditional values," he said.
Kuck thinks the lawsuits against the proposition are an "erosion" of the constitution, he said.
"A select few are trying to dictate how Americans should view a particular way of life or a particular viewpoint," he said.
Tim Miller, who spoke at Conversations on Diversity on Oct. 29, compared the right of same-sex couples to marry to the legalization of interracial marriage in 1948, he said. The California Supreme Court also declared laws prohibiting interracial marriage, or anti-miscegenation laws, unconstitutional, but no one put an initiative on the ballot to overturn the ruling.
"This should really embarrass us," Miller said. "We had the courage to uphold the ban on (prohibiting) interracial marriage, but not the courage to keep gay marriage legal."
Despite the short legalization of same-sex marriage, Miller and his partner of 13 years, Alistair McCartney, from Australia, were advised to not get married because his visa expires in 2009, Miller said.
Before the amendment, California gave new marriage rights to many citizens, he said. But had Miller and McCartney married, federally it would not have been recognized.
Sophomore Brian Ray coordinated the joint effort to vote "no" on 4 and 8 and while Proposition 4 didn't pass, he is very upset that Proposition 8 did, he said.
But Ray hasn't given up hope, he said.
"It's just another bump in the road, and we'll eventually get to equality for everybody," he said.
Proposition 8 is a constitutional amendment and cannot be challenged in court as unconstitutional since it is part of the constitution, said political science professor Craig Scarpelli. It would have to be through the federal courts.
Scarpelli thinks part of why Proposition 8 passed has to do with the advertisements, he said.
The claim that same-sex marriage would be taught in schools if the proposition was voted down was effective, he said. But Scarpelli is not sure whether these ads were completely accurate.
Senior Marisa Lopez is disappointed and thought the "Yes on 8" campaign used a lot of scare tactics, including its ads, she said.
"I believe in equal rights for everyone," she said. "I think it's wrong that people don't get the right to marry someone they love."
Katherine Jarvis can be reached at
kjarvis@theorion.com
The headline incorrectly stated "Gay marriage ban shows California is 'ready for change'." The Orion's reporters strive for accuracy. We recognize that mistakes will occur, but we treat every error very seriously. If you feel a correction needs to be made, e-mail the managing editor at managingeditor@theorion.com
Viewing Comments 1 - 1 of 1
NorCalCAl
posted 11/12/08 @ 10:42 AM PST
Kuck said:
"A select few are trying to dictate how Americans should view a particular way of life or a particular viewpoint,"
Funny how he thinks that 48% of Califoria voters, the governor, the legislature and the CA Supreme Court are a "select few". (Continued…)
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