Doing that could prevent future confusion and disruption in thousands of lives.
John Lewis, left, and Stuart Gaffney embrace outside San Francisco’s City Hall shortly before the U.S. Supreme Court ruling cleared the way for same-sex marriage in California on Wednesday, June 26, 2013. Almost 16 years ago, California passed a short constitutional amendment via a ballot proposition that included no reason for its adoption. This was pure emotionalism.
Newsom’s move was a first. It prompted an emotional response by opponents terrified that the fabric of America would be destroyed by letting gay people marry one another and begin to enjoy the tax, insurance and other benefits of legal unions. The ruling okaying same-sex unions said Prop. 8’s ban violated both the equal protection and due process provisions of the U.S. Constitution. That decision and its reasoning have stood for more than 14 years.
All this makes the move to strike Prop. 8’s currently moribund language potentially the most important measure on a ballot that will also feature major initiatives on crime, housing, health and taxation. Insurance policies could be cancelled in an era when new ones can be hard to get. Same-sex spouses could lose health coverage under their partners’ policies. Longstanding adoptions could be threatened. And much more.
California and other states have since passed ballot measures to enshrine abortion rights in their own, more local constitutions, which are permitted to grant more rights, but never less, than the U.S. Constitution.
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