With the decision yesterday from California on the status of Prop8, and the media splashing it all over the place I feel the need to get my anger out on the issue.
First off, the court did the right thing, it did not get political and gave a very straight forward ruling on the issue:
- If you take an action that is legal at the time, but the law changes post that action, the action is still legal.
- Californians can change there constitution.
Nothing more, nothing less, and that’s what they are there for. The problem is that they were asked the wrong questions, thus there answers are not the ones that we want to hear. In short the question that they should have asked are:
- What is the state’s primary definition of marriage?
- Does the state have a responsibility to extend equal rights to a minority?
With the legal answers to these questions you can seal this debate completely:
First, as I see it there are three definitions of the word marriage:
- inter-personal
- “I love you enough that I want to tell you that I am commited to you and you alone.”
- legal (aka: civil union)
- “Hay everyone, if I get busted up and can’t speak for my self talk to this person.”
- religious
- (insert your own reason here)
- If non-gay can marry, so can you.
- The state only wants to know who to talk to if you can not.
- If non-gay can marry, so can you.
- The state wishes to defer to religion to decide if this is correct or not.
- You are diffrent there for you can be treated differently.
- The state only wants to know who to talk to if you can not.
- You are diffrent there for you can be treated differently.
- The state wishes to defer to religion to decide if this is correct or not.
- If the state has a responsibility to treat minorities with equality, then why is the state putting child molesters on a public list?
- If the state does not have a responsibility for equality then why are there no laws that state that all non-white males must make 50% less for the same work
- If the state only cares about marriage as documentation, then why can I not marry multiple partners?
- If the state wishes to defer to religion then you must publicly pick one religion to hold above all others as a clarification of the definition.
As I see it the state is not involved in the interpersonal definition so it’s not available to the state as an option, leaving them the only choice to determine if they are a religious entity or not. Now lets bust out the punnet square and work this out:
| In the eyes of the state: | Civil Union = Marrage | Religious = Marrage |
|---|---|---|
| Minority = Majority | “gay marriage” = legal
|
“gay marriage” = legal
|
| Minority != Majority | “gay marriage” = legal
|
“gay marriage” != legal
|
So there we go, “gay marriage” is only illegal if the state does not feel that it is it’s responsibility to maintain equality and does not see it’s primary definition of the word marriage as mearly a formality to allow a citizen to defer there rights to another individual. The problem with the state standing up and saying this is that it starts to raise so many other questions:
The bottom line is that the state is based on laws and all laws are mearly definitions, thus because there is confusion on the correct definition from the point of view of the citizens it is the states job to solidify these definitions.


