READER EDITORIAL: PROP 8 AND THE 1ST AMENDMENT

By Joel A. Harrison, PhD, MPH June 8, 2009 (San Diego)--The California Supreme Court decision on Prop. 8 "carves out a limited exception to these constitutional rights by reserving the official designation of the term 'marriage' for the union of opposite-sex couples, but leaves undisturbed all of the other aspects of a same-sex couple's constitutional right to establish an officially recognized and protected family relationship and to the equal protection of the laws."

No one will deny that the proponents of Prop. 8 were motivated by religion. Given that many rabbis and ministers support gay marriage, then Prop. 8 clearly represents a simple majority imposing their religious beliefs on others. Since the Court recognized same-sex marriage as a constitutional right with equal protection of the laws, the Court’s decision, giving a “limited exemption” to the term “marriage” based on one set of beliefs, went against the Establishment Clause of the 1st Amendment. This is not a question of a simple majority amending or revising our state constitution; but a fundamental assault on our 1st Amendment rights. See my longer piece, “Proposition 8: An Irrational Assault on Civil Liberties, the 1st Amendment, and Gays,” at http://www.eastcountymagazine.org/?q=editorial_prop8. The views expressed in this editorial reflect those of the author and do not necessarily reflect the views of East County Magazine. If you wish to submit an editorial for consideration, contact editor@eastcountymagazine.org.