What’s
LEFT of the Constitution?
Prop. 8 and the Administration’s Marriage Doubletalk
“What’s
Left of the Constitution?” is a periodic news digest featuring Alliance Defense Fund legal analysis of proposals, policies, and trends advanced by the federal government. On a regular basis, this digest specifically highlights policies and actions that move America away from the principles of the U.S. Constitution and closer to the demands of the political Left, especially ones that threaten religious liberty, the sanctity of life, and marriage and the family.
For the second time in less than a year, the California Supreme Court will decide whether to reject the votes of millions of Californians regarding marriage. Proposition 8 implemented an amendment to the California Constitution that states, “Only marriage between a man and a woman is valid or recognized in California.” It passed by a margin of approximately 5 percent in November 2008.
The impact of the court’s decision will not be limited to marriage. Soon we will know whether the democratic process matters and what the impact will be on those who disagree with advocates of homosexual behavior.
Marriage remains a hot-button issue, and advocates of the homosexual agenda continue to argue that the public should have no say in the matter. These activists have adopted a two-pronged assault to enact their desires: first, to harass and vilify those who disagree; and second, to find judges who are sympathetic and will overrule the people.
When presidential candidate Barack Obama visited the Saddleback Civil Forum in California in August 2008, he gave his views on marriage:
“I believe that marriage is the union between a man and a woman.”
Yet, the new administration’s actual policies and planned actions for marriage are stated much differently. The new administration…
· Supports “full civil unions and federal rights for [homosexual] couples”
· Opposes a “constitutional ban on same-sex marriage”
· Promises to repeal the federal “Defense of Marriage Act”
One look at the “Civil Rights Agenda” page (
http://www.whitehouse.gov/agenda/civil_rights/ )
of the White House website makes it clear that the rhetoric during the Saddleback Forum does not match the reality of the new administration’s priorities. They are advocating policies—and creating a legal and political landscape—that will lead to the judicial redefinition of marriage.