Proposition 8 Underscores California’s Struggle to Achieve Sustainability
California’s Proposition 8 is wrong.
While I am a big proponent that this Website remains nonpartisan, I feel strongly about that first sentence, and more strongly that it has nothing to do with partisan politics whatsoever.
At the end of the day, Proposition 8 added Section 7.5 to Article I of the California Constitution, which states: “Only marriage between a man and a woman is valid or recognized in California.”
The Bill of Rights refers to our nation’s first ten Constitutional amendments. Seventeen more came into existence thereafter. If there is a common theme among all, it is the protection and granting of individual rights in defense of possible tyranny by a federal sovereignty. After passing a series of articles establishing a nation, the Bill of Rights provided some sort of guarantee that this new nation would not usurp individual rights.
So it naturally follows that the 27 Constitutional Amendments — with the one obvious exception (prohibition, which was later repealed) — give rather than take. The First Amendment grants the individual right to speak freely. The Second lets you own a gun. The Third provides some protection in the home. The Fourth protects against unlawful searches and seizures. Five ensures protection from an unlawful “taking” by the federal government. Six, Seven and Eight were crafted to ensure that our justice system afforded the necessary safeguards for those accused, and convicted, of a crime.
The actual right established by an amendment is more obvious in some instances than others, such as 13, 14, 15, 19 and 26 (abolishing slavery and granting citizenship rights, and also establishing voting rights for most men and women over the age of 18). While some amendments may be construed as taking rights away (e.g., 16 (income taxes) and 27 (limiting Congressional pay increases)), a deeper analysis reveals that this was not the intent. Only 18 (prohibition) “took away”, but that was later repealed by 21.
When working properly, these amendments should provide inspiration for all that our nation exists with unlimited potential. But sometimes this is not the case. Proposition 8 establishes no rights upon anyone whatsoever. While proponents may have argued that Proposition 8 provided both moral and practical protections to certain parts of society, a simple reading of its text does nothing more than eliminate one specific option for one specific group in society.
So I voted against Proposition 8 for these reasons. I didn’t even get to the other more substantive and contemplative issues. Does this cross the line of separating the church from the state? Does it take away from the notion of traditional “family values”? Should we make a fundamental distinction between same sex marriages and opposite sex marriages?
What Prop 8 reveals is how antiquated and dangerous the system of propositions in California is. Under Article 16 of the California Constitution, decisions of public finance require agreement by two-thirds of the California legislature. Since that rarely happens, propositions are the only other mechanism for deciding decisions of public finance.
If the legislature is not able to make these important decisions, then I question whether California has simply outgrown its operating instructions.
That’s probably a larger discussion for another website, perhaps the same website that can figure out how a state as large as California can elect a governor, then un-elect him a couple of years later, and then elect another governor who is virtually powerless to do anything given California’s political infrastructure.
So what does this have to do with energy conservation? Not much. But it has everything to do with sustainability, and if California — our nation’s most populous state — is ever going to be able to sustain itself on all fronts, it needs to rethink the instruction manual under which it operates. The definition of sustainability is very broad and covers everything from the environment to healthcare to individual rights. It is going to take a lot of work for California to get where it needs to be. But much like the discussions contained within this website, it starts with creating an environment that fosters change.
November 7th, 2008 at 12:33 pm
Well said!
November 7th, 2008 at 12:47 pm
Very well said! The upside of the issue is that we are just starting the fight against this discrimination. I’ve lived through the civil rights days of Martin Luther King, and struggled and fought for the the feminist movement, and say what you like about things still not being perfect, I am very optimistic that we will succeed in fighting for and winning equal rights for all peoples. Count me in on the fight.
November 7th, 2008 at 1:07 pm
The above comment(Celeste) is from my mom! If you know me things are probably starting to make sense. : )
November 8th, 2008 at 2:26 pm
The passage of Proposition 8 is a travesty. It is going backwards in time and contrary to the “change” that was clearly cried out for last Tuesday. I totally agree that the proposition system has become a dangerous tool and California’s operating system needs to be reviewed. My husband and I (both lawyers) are committed to doing everything we can to undo what has been done by Proposition 8.
November 9th, 2008 at 5:00 pm
[...] Proposition 8 Underscores California’s Struggle to Achieve Sustainability | Conservation 101: … - What Prop 8 reveals is how antiquated and dangerous the system of propositions in California is… [...]
November 10th, 2008 at 10:35 am
The issue of pro 8 doesn’t scare me half as much as the inability of California’s government to function as it should (I.E. The budget impasse). Unfortunately it is not about changing the talking heads in government as much as it is about changing the behaviour of California citizens who are allowing things to continue in this manner. When the citizens of California finally demand bipartisan, responsible, transparent action from their public servants then, and only then, California will become sustainable.
If only we could see thousands of California citizens in the streets protesting the ineptitude of their elected officials and demanding efficent and effective leadership in all areas, from prisons, to courts, health care, and economic policy, education, care for the poor, effective use of tax money, etc. etc.
OK Prop 8 is scary and reeks of prejudice and violations of separation of church and state as well as racial and cultural homophobia but it is a product of the thinking of millions of voting Callifornians as well as millions of non voting Californians…….that, to me, is the really scary part.
The only way California can become sustainable on any level is from grassroots activism. Each of us getting up in the morning with the resolve to make some preceivable, positive change in our environment, our culture and our political structure within the next 24 hours, and doing that every day of our lives. OUR ELECTED OFFICIALS ARE NOT WILLING TO MAKE THAT COMMITMENT..
November 10th, 2008 at 8:09 pm
I totally agree with you that Prop 8 is unacceptable. What concerns me is the time we spend on “values” issues that involve the personal relationships of law abiding residents that do not adversely affect anyone else, while we at the same time have two wars, global warming, an economic melt down, etc. etc. that is having serious effect on California, the US, and the globe. Where are our priorities? The millions of dollars fight the Prop 8 wars could have fed many hungry children, provided much needed funds for green technology research, or helped our thinly funded public education system.
Well said!!!