Why Prop 8 will fail
Our legal system does not operate on emotion. It does not operate on "opinions" especially religious ones. It operates on logic.
Here are the facts and here is the logic.
1. According to the 14th Amendment in the United States Constitution:
"No State shall make or enforce any law which denies to any person the equal protection of the laws."
2. According to the California Constitution Sec.7. (a)
"A person may not be denied equal protection of the laws."
That is why the Supreme court in California ruled in favor of granting gays the equal right to marry.
The only way that right can be taken away is to "revise" or change the constitution. It must no longer say that "a person may not be denied equal protection of the laws." It must now say, "except in certain cases" or "except when it concerns our gay citizens"..or something like that. For this revision to occur, it goes to our legislature and if they vote that it is ok then it is given to the voters to vote on.
What happened with prop 8 was that the people passed an "amendment." An "amendment" to hold must not fundamentally change the constitution. The underlining theme of ALL citizens having the exact same rights must still hold. Prop 8 goes to far to be considered just an "amendment." It is a "revision."
See how amazingly simple this argument becomes when the emotion and opinions are removed. That's why we have courts and not "mob rule."
Thomas Jefferson sums it up quite simply as well:
"All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression."
