Oversoul said:
Change for the worse, I'm guessing you mean. But do you have any evidence for that?
The fact is, it changed. Whether it was for the worse or the better is largely irrelevant. Almost any change is going to be seen as better by some and worse by others. But again, it comes down to how the change occurred. In this case, the system was circumvented.
It looks like you're oversimplifying the current state of the two major political parties and that's why it looks ironic.
No, I'm commenting on the definitions around which the two parties are named. I'm fully aware that the tenants of each party have changed significantly over the years.
Okay - Proposition 22. Propositions tend to be these wordy affairs that no one can really understand and that have to be picked apart under a microscope. Proposition 22, on the other hand, was a simple 14 words stating, in effect, that marriage in California is only valid and recognized as being between a man and a woman. Call it an agenda, but there are certainly no "hidden agendas".
I'm not sure of the history that led to prop 22, but I know that some judge or group of judges decided that gay and lesbian couples should be able to be married in California, so they decided to go ahead and start doing that, leading to proposition 22 being put on the ballot in 2000, where it passed with 61% support of the voters. Thing is, California already affords all legal rights to domestic partnerships that married people possess, so it's not about limiting the rights of gay and lesbian couples.
I didn't read the entire text of the decision when overturning proposition 22 because it is way too long, but I read through enough of it to get to the important sections. Basically, the California Supreme Court conceded that 1) all legal rights were already available, and 2) there is no legal reason why the name provided gay and lesbian couples needed to be the same as for traditional couples.
On those two basis alone, they should have stopped, and these items weren't in dispute. However, they went on to say that gay and lesbian couples should have the same right to the "dignity and respect" that comes from the term "marriage". Problem is, that's a very empty thing. You cannot force someone to have respect and dignity is likewise a very relative thing. I'm not aware of anywhere in the constitution where we are guarenteed respect and dignity. Certainly if those are constitutional rights then I need to have another chat with my kids...
Effectively, the judges didn't do their job. Instead of interpreting law, they weren't happy about proposition 22 and allowed their politics to influence their decision. They themselves awknowledge that it isn't even a legal question because by legal measurements, proposition 22 is constitutional.
It is also worth pointing out that many other states have passed similar propositions for their states which have either not been contested, or have been upheld by the courts.
And concerning the origin of marriage - I think it is sufficient that we agree that it shouldn't be a state-stanctioned thing, but rather a church-santioned one. Oddly, churches often have different ceremonies. In the US, I don't think that there are really any specific requirements for the ceremony, but I know that in some countries, people of certain faiths must be married twice because the government doesn't recognize the specific religious ceremony. If that's the case, they is there any reason for the state to call it a "marriage license"? Let them call it a "licence of union" and let religions perform the marriage (or not) as they see fit.