Majority Rules, Even in California Wrong or Right, Prop. 8 Failed, So Abide By Our Legal System
The Daily Evergreen
By Amanda Gibb
November 13, 2008

The day after Proposition 8, the California state constitutional ban on gay marriage, was passed, protesters swarmed the streets of Los Angeles to show their anger over the results. Some are building a case to challenge the results, claiming the ballot initiative was improperly used.

The lawsuits argue any measure allowing the majority of the public to take away the rights of the minority violates the principles of equality. This argument is an insult to Californian voters and the democratic initiative process as a whole.

The majority of California is in favor of the ban, and those voters showed their support by voting to ban gay marriage in this election. Those who have differing beliefs, the minority, do not have the right to contest a law that was legally and properly passed. I do not see anyone in the streets of Seattle protesting the pass of Initiative 1000, or even the re-election of Gov. Chris Gregoire. In both cases, voters chose and results are legal. Proposition 8 should be left alone, no matter how contentious it may be. Continuing to uphold the precedent of abiding by the law is more important than any single idealogical issue – no matter how important it may be to some.

The marriages, which took place in California between June 16 and Nov. 4, should remain legal. The law at the time allowed for same-sex marriages. But any marriage that takes place after Nov. 5 is not legal and should not be until the ban is overturned, if ever.

The Supreme Court overruled the original law, stating marriage is a basic civil right. Judges had no authority to make such a decision that affects an entire state. The decision should have been left for voters to decide and they were finally given that opportunity this past election.

The Williams Institute at the UCLA School of Law estimates 18,000 same-sex marriages were performed in California during the five and half months it was legal. To make these marriages illegal for the 18,000 couples still living their honeymoon months would be cruel and unjust, like all of a sudden declaring that Barack Obama would not be president because of invalid votes. The letdown would be catastrophic. It is not fair to make couples pay for a mistake the government and judges originally made.

The Los Angeles County Registrar, Dean C. Logan, in accordance with state laws, has suspended the issuance of same-sex marriage licenses. However, the mayor of San Francisco, Gavin Newsom, is breaking the law by continuing to issue same-sex marriage licenses. The mayor should be placed into cuffs for deliberately and knowingly going against the majority of California voters and the law. The democratic process is slow-moving and deliberate, for a city leader to willfully disobey the will of the people is unacceptable.

Clearly, the majority of California does not want same-sex marriages to be legal in their state. Couples wishing to be married can still travel to Massachusetts or Connecticut where same-sex marriages are recognized. In Washington state, domestic partnerships are recognized, but a legal marriage has yet to be approved by the state Supreme Court.

The law is the law. No one is above it, no matter how vehemently people believe in their cause or how popular that cause may be. We are a country that recognizes the will of the majority. For better or worse, the majority has spoken. We strive to be a nation where the government does not squash the people. Let’s not start now by asking the Supreme Court to once again take away the rights of the majority.