California Proposition 8: Fighting for Same-Sex Marriages

California Proposition 8: Fighting for Same-Sex Marriages and Rights Introduction to Same-Sex Marriages in California Same-sex marriage has been a sensitive subject in America for more than the last couple of years. In California, gay marriage has had a unique history. The mayor of San Francisco, issued marriage certificates in 2004 in which same sex couples were allowed to apply and be approved for. Californians were outraged and began to press charges against the San Francisco mayor.

At its end, the Supreme Court of California determined that they were to grant equal rights protection to same-sex couples-including marriage (Holton, 2008). Less than six months later, the marriage rights ended with the passing of Proposition 8. Proposition 8 made marriage legal only for one man and one woman, and limited the rights that same-sex couples were able to have (Voters Guide, 2008). Ethical Issues Addressed in Proposition 8 The ethics of allowing same-sex marriage will be argued into eternity.

America is a country founded for religious freedom, where all people are created equal (Declaration of Independence, 1776). When claiming that all people are created equal, this does not exclude those wanting to be married to one of the same gender. However, an argument on the opposing side states that marriage was a religious practice, and in most religions with marriage, homosexuality is forbidden (Religious Facts, 2011). Proposition 8 was an attempt to make both those in favor and those against same-sex marriages compromise.

It allows those that already have same-sex civil unions to be protected under law with the same rights as couples made of one man and one woman. To please those not in favor of same-sex marriages, the law also states that same-sex marriages may no longer take place. 3) The Vulnerable Demographic Affected by Proposition 8 The vulnerable group of Proposition 8 is same-sex couples searching for or interested in receiving the same legal recognition and rights as couples made up of one man and one woman.

A second, less recognized demographic affected by Proposition 8 are those not in favor of same-sex marriages. Had same-sex marriages continued, the people of California would have seen an increase in accommodations for the same-sex couples in office buildings, social facilities, and public locations (Glionna, 2008). 4) The Goals and Purposes of Proposition 8 The original goal in California was to allow same-sex couples to have the same rights as couples made of one man and one woman.

When the Supreme Court of California granted licensing to begin on June 16, 2008, controversy arose, making those not in favor of same-sex marriages to propose Proposition 8. During the election time, Proposition 8 was successfully passed. While Proposition 8 limited marriage to those between one man and one woman, it also protected those same-sex couples that had marriage in the give month span it was legal in California.

Also, the Proposition allowed same-sex marriages formed before its passing would be recognized with the same rights as legal marriages, and civil unions made internationally, in other states, or by any other civil entity would also receive full recognition (Robertson, 2009). 5) Strengths of and Drawbacks or Problems within Proposition 8 When the laws to protect and give rights to same-sex couples were passed in California, its primary focus was to allow gay couples to have the same rights as heterosexual married couples.

As America was founded upon the right that all people are created equal, it was empowering to finally give another discriminated group the right to be legally recognized as equals (Dolan, 2008). Proposition 8 took away the rights of future same-sex couples. It allowed America to take a step back rather than a step forward. That it still protects same-sex couples from other jurisdiction or from before Proposition 8 is to be considered a small gain for same-sex couples, yet the whole experience is to be considered an overall loss.

6) Ideas and Suggestions for Improving the Law It is understandable that perhaps California was not emotionally prepared to allow same-sex couples the same rights as marriages of one man and one woman. However, America was a country founded on the idea that all people are created equal, and this does not exclude those that are attracted to the same sex. Same-sex marriages should be allowed in all states of America that believe in equal rights for its entire people.

This does not mean that religious parties need to fear that their religion would be in danger from homosexuality, but because America has separated church from state, same-sex couples should be allowed the legal rights of married couples, even if they are not able to uphold the religious factors of marriage. It would be suggested that California, as well as the rest of America, consider what it would mean for same-sex couples to marry.

The same-sex couples would not change religion anymore than they had as a non-married couple, so this does not need to be a fear of religious groups. When same-sex couples would be able to marry, they would be allowed to healthcare benefits, tax benefits, and legal benefits in the case of divorce, abuse, or where children or property are involved in dispute. Because the term "marriage" is of the greatest concern for those opposing same-sex marriages, perhaps the best option is to create a civil union law for same-sex couples.

This would allow the same sex couples to legally declare their love for each other while being provided the same rights as married couples made.