Proposition 8 or Proposition H8?

On November 4, 2008 Californians will be making their second decision on whether or not to ban same-sex marriage. It started in 2000 with Proposition 22 that sought to define marriage as between one man and one woman; it passed with a 61 % voter approval. The California Supreme Court then determined the ban on same-sex marriage to be unconstitutional in a close 4 to 3 decision this past May. In response, Californians have brought the question back to the voters in Proposition 8.

Voting yes on Prop. 8 is a vote for defining marriage as between a man and woman. Many supporters of this position state that same-sex marriage will infringe upon the rights of heterosexual couples and will degrade the family unit. According to protectmarriage.com: "...schools will now be required to teach students that gay marriage is the same as traditional marriage, starting with kindergarteners. By saying that a marriage is between any two persons rather than between a man and a woman, the Court decision has opened the door to any kind of 'marriage.'"

On the other end of things, those opposing Proposition 8 believe that banning same-sex marriage is a violation of a fundamental right. Many also believe that proponents of Proposition 8 are using scare tactics, most of which are false claims, to encourage Californians to vote yes. One previously mentioned was that gay marriage would have to be taught in schools. Jack O'Connell, superintendent of schools in California, spoke against this, stating that it was simply untrue.

I agree strongly with those opposing Proposition 8. I believe it will be step backward for California to prohibit same-sex marriage and I fear that if it is passed, many other states will follow suit. But Proposition 8 poses another difficult question. Should the majority always rule? Should the government act in opposition to public opinion? The California Supreme Court clearly acted against public opinion when it overturned the ban after it had passed with 61 % voter approval. Although I would ideally like to believe that majority rule is the voice of reason, I think that in this case the California Supreme Court made the right decision. I hope that Californians also make the right decision Tuesday.