Same Sex Marriage in California - Essay Example

Hence, the people wanted to pass this measure as a constitutional amendment to restore the definition of a recognized marriage in California as between a man and a woman. When the advocates of Proposition 8 presented their measure to the California Secretary of State in 2007 for permission to circulate, the ballot title that was given to it was the "California Marriage Protection Act". Prior to the passage of the Proposition 8, same-sex marriage was a constitutionally-protected right in California.

The California Supreme Court Justices affirmed this understanding of the constitution in May 2008. Charlene Gomes (2005) argued that since that there is an increasing number of committed same-sex couples in the United States, there is a need for legal recognition of these relationships in order to foster the emotional and economic well-being of these families. Marvin Allison (2007) argued from a progressive religious perspective, which emphasizes justice at the heart of marriage, sexuality and family.

He stated that justice means seeking abundant life for all. He then states that justice requires careful examination of social practices and institution that foster or forbid human flourishing. Furthermore, he stated that justice demands that we empower disenfranchised persons so they may lead their own life projects. A just society is one that allows people to fulfill their individual desires such as the capacity to enjoy various sexual partnerships. Several states such as Vermont, New York City, and foreign jurisdictions have passed laws allowing same-sex couples.

These places cover the Netherlands, Denmark, Germany, Iceland, Sweden, Portugal, Greenland and the Basque region of Spain. The case of Vermont is particularly interesting since same-sex marriage had been promoted judicially by that state. It was on July 1, 2000, when the law allowing civil unions went into effect in Vermont. Civil Unions extend to gay and lesbian couples "all the same benefits, protections and responsibilities under law, whether they derive from statute, administrative or court rule, policy, common law or any other source of civil law, as are granted to spouses in a marriage" (15 V.S.A.

[section] 1204(a)). Opponents of the same-sex marriage argue that it goes against the well-being of society. Glen Lavy of the Arizona legal defense group, Alliance Defense Fund stated that he opposes same-sex marriage since it fosters the well-being of children and society. He was pleased with the New York Court when it issued the statement that the government had a key interest in advancing heterosexual marriage as the social institution that best forges a linkage between sex, procreation and child rearing.

Social science researchers have come up with studies that reinforce stability of a heterosexual marriage as providing a positive environment for children to grow up and become responsible adults. Same-sex marriage goes against Christian tradition that has seen sexual love as a gift from God and a good in its own right. However, it also recognizes the dangers of undisciplined desire and its strong destructive potential. Several independent church groups have campaigned for the passage of Proposition 8.

The Union of Orthodox Jewish Congregations of America headed by evangelical minister Rick Warren supported the passage of Prop. 8. The National Organization for Marriage and Focus on the Family campaigned and helped