Tynia M. Landry
In this paper the subject discussed concerns the 2008 introduction of California Proposition 8. It will contest the statements made by the author and provide meaningful information that will rebut the misleading assertions documented in the article.
According to Laura Brill, the author of the article – It’s time for Prop. 8 opponents to re-engage” (Brill, May 26 2011, Pg 1) published in the OC Register, the majority of the population supports equal marriage rights. “Now, two years later, though a federal court has declared Proposition 8 invalid under the U.S. Constitution, it nonetheless remains in ...view middle of the document...
" and is now officially part of the California state constitution. (Yoshino, 2009) In addition, the initial legal proceedings resulted in a federal judge ruling the amendment to the state constitution as unconstitutional. However, that decision was appealed. The 9th U.S. Circuit Court of Appeals has yet to decide the case, which is known as Perry v. Brown. The result will more than likely be determined by the U.S. Supreme Court for a final ruling and not the attorney general.
“That the scope of the fundamental right to marry may be resolved by such procedural niceties has some benefits: First, such a decision will essentially end this damaging fight and restore the right of same-sex couples to marry. Second, the risky strategy of placing the important question of equal marriage rights prematurely before a conservative U.S. Supreme Court will be gone. Finally, declining to expand the power of initiative proponents may help contain the dysfunctional fiscal and political effects that the initiative system has caused the state as a whole.”
The author is assuming proponents for Prop 8 are ready to offer an olive branch and give in to the demands of the minority and repeal the constitutional amendment. In fact research has been conducted by such organizations as Pro-Choice America and the Greenlining Institute. “In 2009, a similar survey showed that 47 percent of voters would support repeal of Prop 8, 48 percent would oppose, and 5 percent were unsure. In 2011, unsure voters doubled to 10 percent. Support for Prop 8′s repeal...