While leaving work today I was handed a “No on Prop 8” leaflet.  For those of you not living in CA, prop 8 seeks to undo our state Supreme Court’s recent decision to remove gender requirements from the institution of marriage.  In CA, same-sex couples in a domestic partnership already had identical rights and obligations as their married counterparts.  Their “package” was simply being called by a different name (domestic partnership vs. marriage).  In effect, the Supreme Court simply demanded that they be given a name change.  And they have been, against the express will of the people.  In response, the people of CA organized a ballot initiative to amend our state constitution to define marriage as being between one man and one woman only.  The people handing out the leaflet I received today oppose this initiative.

As I expected, the leaflet was a propaganda piece full of half-truths and sophistry.  Rather than reproducing this piece, I’ll just refer you to the picture above.  To read the text just click the picture (it will magnify it).  I would like to bring some of the most blatant rhetoric to your attention.  There are five paragraphs, but I will only respond to the first four:

#1 They claim same-sex marriage is a fundamental right, but since when?  It has not been recognized by any society in history until a decade ago.  A right no one recognized until 10 years ago can hardly be considered fundamental.  Just because a handful of people in black robes declare it to be a fundamental right by judicial fiat, does not make it one in reality.

As for equality, I agree.  But the law already afforded equality to all Californians.  Everyone had an equal right to marry a non-relative of the opposite sex.  The law did not stipulate that homosexuals could not marry.  Homosexuals are just as free to take advantage of the institution of marriage as are heterosexuals, but if they wish to avail themselves of this right, they need to marry someone of the opposite sex.  The fact that they choose not to afford themselves of this right is not grounds for radically changing the historic understanding of marriage.

#2 Yes, same-sex couples are our neighbors, but what follows from that?  People in Utah have polygamists as their neighbors, but does that mean society must redefine the number of participants in a marriage?  No, so why should the fact that we have gay neighbors cause us to redefine the gender requirements of civil marriage?

They claim that same-sex couples are hurt by not giving their legally-recognized unions the name “marriage,” but how?  Because they are not accorded the same social approval?  First, we do not alter fundamental social institutions so that some people won’t feel bad.  Second, marriage is a social institution intended to provide social support to relationships society deems important to the success of society.  People in society are free to choose whom to give their support to and whom to deny it.  And many do not wish to extend it to same-sex couples because they do not think their relationships are beneficial to the social fabric (indeed, they may be detrimental).

#3 No, “it’s not the government’s place to tell couples who have been together for years whether or not to marry,” but that is not the issue.  This sentence was either framed poorly, or strategically, because the government isn’t telling anyone-heterosexual or homosexual-whether or not to marry.  It only tells them the requirements they must meet if they wish to marry.  But if they were to have worded it this way, it is clearly wrong.  The government represents the people, and the people of this country have the right to define the requirements for marriage; i.e. which relationships they will and will not extend their social approval and support to.  That’s not to say they can be arbitrary in their definition, but clearly that is not the case in this country.  There are principled reasons we define marriage the way we do, and those reasons make no room for same-sex couples.

They claim we let people decide what’s best for themselves in CA.  No, we don’t.  I decided it’s best for me to be able to talk on my cell phone in my car, but the government decided it wasn’t.  Taken at face-value, what they are advocating is anarchy.  And I find it ironic that the pro-Prop 8 prop are speaking negatively of “government interference” when they have been working ferociously over the last 20 years to intimately involve government in this issue.  If they truly eschewed government interference, they would not be asking for the state of CA to recognize and regulate their relationships.

#4 In one sense it’s true that domestic partnerships are not the same as marriage.  But where do they differ?  You might be surprised to know that in CA they are the same in all but the name.  Domestic partnerships afford same-sex couples all the same rights and responsibilities as marriage.  That’s why it is disingenuous on their part to bring up the issue of medical power-of-attorney.  Domestic partnerships already give same-sex couples such rights.  The only thing domestic partnerships do not afford same-sex couples is “the same dignity” and “respect.”  But why ought they be given such when their relationships do not function in the same way in society, and when many people consider their sexual mores immoral?  I see no reason to.

I hope my fellow Californians will join me in voting YES on prop 8.