By snoadmin
It seems as though discrimination against sexual orientation is the only milestone California must get over to grant absolute equal rights to all of its legal residents. But, it should come about the right way.
Proposition 8, a constitutional amendment acknowledging that “only marriage between a man and a woman is valid or recognized in California” was declared unconstitutional this past August by a federal judge. The ruling was appealed soon after and will be heard by the Ninth US Circuit Court of Appeals in December.
The problem is that both Gov. Arnold Schwarzenegger and Attorney General Jerry Brown have declined to defend Prop. 8 in its appeal hearing and the California Supreme Court announced last Wednesday that Schwarzenegger and Brown have no legal obligation to defend the proposition
Perfect Marriage, an alliance of both conservative and religious supporters of Prop 8, has been arguing that the state is required to defend its laws, whether they agree with them or not.
This group and others would love to defend Prop 8 but, as UC Irvine Law School Dean Erwin Chemerinsky put it, the Supreme Court “requires a direct, personal injury” relating to the repeal of the law in order for a party to stand in its appeal.
“I think it’s doubtful that the defenders of Proposition 8 will meet that requirement,” Chemerinsky said to The Christian Science Monitor.
Thus the question is raised: Who will defend Proposition 8 in its hearing with the Ninth US Circuit Court of Appeals?
Schwarzenegger and Brown have stated that “they have no personal disagreement with same-sex marriage” and, therefore, refuse to defend the law. Many, however, still insist that they have a responsibility to defend the state law regardless.
Although this may be a valid argument, we must keep in mind that the California Supreme Court does not deem it necessary for either of them to defend the law. So, they technically don’t have to directly defend it. What Schwarzenegger and Brown can and should do, however, is hire an outside attorney to defend Prop 8 during the appeal process.
The Daily 49er has never been a supporter of Prop 8 and we have written extensively regarding its problems. Nevertheless, its repeal should occur in a legally just manner.
Hence, Prop 8 should be granted a legitimate defense in its appeal. We must give those opposing same-sex marriage a voice, instead of ignoring them. After all, Prop 8 was passed by a majority of Californians.
Supporters of same-sex marriage should practice what they preach — equality. They must allow their opponents an equal opportunity to voice their concerns and beliefs on the matter. They should not let the fear of inequality turn them into hypocrites fighting for that same inequality.
Again, Schwarzenegger and Brown should not be required to defend Prop 8 themselves, but should be held responsible for finding a group or an attorney to stand for the Proposition in its appeal.
Whether we agree with the law or not, its proponents deserve to be heard as well. Don’t we want Prop 8, as the Los Angeles Times put it, to lose based on its merits and not by default.
It’s time for same-sex marriage supporters to unwind and leave the case in the hands of Gov. Schwarzenegger and Attorney General Brown. It, finally, seems that equality isn’t too far out of reach.
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