California Proposition 8: Fighting For Same-Sex Marriages Research Paper

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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...

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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…

Sources Used in Documents:

References

Declaration of Independence. (1776, July 4). The declaration of independence. Retrieved March

9, 2011 from http://www.ushistory.org/declaration/document/

Dolan, M. (2008, May 17). Gay marriage ban overturned. Retrieved March 9, 2011 from http://latimesblogs.latimes.com/lanow/2008/06/san-francisco-3.html

Glionna, J.M. (2008, June 17). San Francisco mayor: Defeating gay marriage is literally the bush agenda. Retrieved March 9, 2011 from http://latimesblogs.latimes.com/lanow/2008/06/san-francisco-3.html
California supreme court denies hearing and stay in marriage cases (31). San Francisco, California: Public Information Office. Retrieved from http://www.courtinfo.ca.gov/presscenter/newsreleases/NR31-08.PDF
Religious Facts. (2011). Homosexuality and religion. Retrieved March 9, 2011 from http://www.religionfacts.com/homosexuality/index.htm
Retrieved March 9, 2011 from http://www.bizjournals.com/sacramento/stories/2009/10/12/daily8.html
Voters Guide. (2008). Text of proposed laws. Retrieved March 9, 2011 from http://voterguide.sos.ca.gov/past/2008/general/text-proposed-laws/text-of-proposed-laws.pdf#prop8


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"California Proposition 8 Fighting For Same-Sex Marriages" (2011, March 09) Retrieved April 25, 2024, from
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