Photo by mojoey

Proposition 8 is a famed State constitutional measure proposed to voters in California this past November 4th. The measure revokes a recently approved amendment to the State constitution that gives homosexual couples the right to marry and enjoy the legal rights marriage conveys. However, California voted “yes” on Prop 8 thus launching a series of legal questions. Since many homosexual couples, including famed celebrities, had taken advantage of the new law and married soon after the original amendment was passed, what happens now that this right has been rescinded? Moreover, with a new political wave of change winning the day, how was it possible that this measure garnered enough support?

Firstly, the notion that previous legal gay marriages should be dissolved needs to be dismissed straight away. Laws are usually not passed retroactively, thus the status of current gay married couples should and will remain unchanged. Legal procedures in California confirms this as do many State legal experts who believe the measure, though it could, will not be passed retroactively. There are some voices, though, who suggest the interpretation of the language in Prop 8 to imply that any same-sex marriage will be viewed as illegal. That is highly unlikely to according to even the Attorney General of the State. However, one thing that is set in stone is that other gay couples will not be able to marry since it will now be illegal under the new measure. Therefore, a situation will exists where some gay couples are legally married in a State where gay marriage is illegal. This not only creates disparity within the legal system but also some confusion to lay people as to their rights and freedoms. There are already attempts to fight the ban through the legal system. Actions have been brought through the State courts claiming the measure is too close to a fundamental shift of rights and should be deemed unconstitutional. There is a desire to establish a precedent where a majority cannot take away rights from a minority, a precedent that many would agree would have significant positive legal consequences. However, many lawyers and legal experts see this as having little chance of succeeding in the courts. Therefore, the ban will most likely be upheld and confirmed leaving the State with a precarious legal position. More importantly, this creates a deep social divide within the state.

That brings up the question of how Prop 8 passed in the first place. With Barack Obama winning a national election on a promise of change while riding a liberal agenda geared towards changing social values, how was it possible for the measure to pass in a “blue” state that chose Obama? In my opinion, religion, age, and a small degree of discrimination were determinant factors in why this turned out the way it did. First, it is a known fact that religion plays a great role in American politics. Therefore, traditional religious groups who see marriage as only sacred between a man and a woman had a significant influence in how people voted. An important note here is that over 70% of black voters who voted for Obama also voted for Prop 8. Traditional African-Americans are brought up in the Church and see homosexuality as a sin. An influential Mormon community also funded over half of the financial support pro-Prop 8 groups received. Clearly, Obama’s core support group did not translate in votes against the measure. Furthermore, exit polls show a great disparity between how young and older voters. Younger and more naturally liberal voters voted overwhelmingly against the measure while more traditional and conservative older voters evidently voted for it. Obama’s main driving force in the national election, youth, was not enough to gain the “against” votes needed. Lastly, I believe there is still a degree of discrimination against homosexuality entrenched within our social conscience. The quest for homosexual equality has not been on our agendas as a society for too long a time and therefore it is still an issue that harbours much resentment.

It is clear that American political ideals have not fundamentally shifted towards the left, a shift that many would be quick to assume following Obama’s overwhelming victory. Similar measures also passed throughout the country showing that gay marriage is still a thorny issue for many. As time passes and tolerance and acceptance become growing traits in future generations, one day, some believe not too far into the future, the issue of gay marriage will not be an issue at all. However, today it is not widely considered an issue of equality but a moral and religious dilemma. Just as civil rights took many decades to develop and be accepted, so will gay rights.