Implications of Proposition 8
Dear Sir,
As a supporter of equal rights for all Americans (and global citizens for that matter), I was quite disappointed the California electorate recently passed Prop 8. However, I am still somewhat unclear of the consequences of this vote. I note the wording of Prop 8, perhaps the smallest proposition ever written, merely states “Only marriage between a man and woman is valid or recognized in California”. No definitions are provided for marriage, valid or recognized.
First, I consulted my Shorter Oxford English Dictionary and noted these definitions:
1. The relation between married persons; wedlock.
2. The action, or an act, of marriage; the ceremony by which two persons are made husband and wife.
This led to defining “husband and wife”. The dictionary noted that husband meant “The master of a house, the male head of a household” or “A man joined to a woman by marriage”. Wife refers to “A woman; formerly in general sense; in later use restricted to a woman of humble rank; esp. one engaged in the sale of some commodity” or “A woman joined to a man by marriage; a married woman”. Thus, identifying same sex unions as “marriage” compels society to modify the accepted definition of marriage. It also means that the reference to marriage as used in Prop 8 was appropriately consistent with the definition of the Oxford English Dictionary.
What is even more perplexing and important are the words “valid” and “recognized”. Valid is defined as “Good or adequate in law; legally binding or efficacious”. Recognized has several definitions also but probably most relevant is “To acknowledge by special notice, approval or sanction; to treat as valid, as having existence or as entitled to consideration; to take notice of (a thing or person) in some way”. This would imply a legal meaning and makes one wonder if the passage in fact removes basic human rights such as rights of hospital visitation, property and inheritance that have previously been extended to many same sex couples. However, the pre-election arguments did not clarify this and personally I remain ignorant concerning the implications of this proposition.
Has the community of those opposed to Proposition 8 considered these issues and if all rights provided to married citizens were extended to same sex unions would they oppose use of a different term? This would seem to allow provision of the legal benefits of marriage to all without compelling a change of definition of the term. Words that come to mind are simply a contraction of same sex marriage to “Samarriage” or “same sex union”. Any enlightenment that you can provide would be welcome.
Additionally, I am uncertain as to the implications of a No on Prop 8 to religious institutions. I presume they would retain the right to refuse church weddings or religious sanction of same sex unions if they chose. From my perspective, these are private organizations and their “biases” should be respected though not condoned. Please clarify the position of the No on 8 community.
B. H.
Los Angeles, Ca.
As a supporter of equal rights for all Americans (and global citizens for that matter), I was quite disappointed the California electorate recently passed Prop 8. However, I am still somewhat unclear of the consequences of this vote. I note the wording of Prop 8, perhaps the smallest proposition ever written, merely states “Only marriage between a man and woman is valid or recognized in California”. No definitions are provided for marriage, valid or recognized.
First, I consulted my Shorter Oxford English Dictionary and noted these definitions:
1. The relation between married persons; wedlock.
2. The action, or an act, of marriage; the ceremony by which two persons are made husband and wife.
This led to defining “husband and wife”. The dictionary noted that husband meant “The master of a house, the male head of a household” or “A man joined to a woman by marriage”. Wife refers to “A woman; formerly in general sense; in later use restricted to a woman of humble rank; esp. one engaged in the sale of some commodity” or “A woman joined to a man by marriage; a married woman”. Thus, identifying same sex unions as “marriage” compels society to modify the accepted definition of marriage. It also means that the reference to marriage as used in Prop 8 was appropriately consistent with the definition of the Oxford English Dictionary.
What is even more perplexing and important are the words “valid” and “recognized”. Valid is defined as “Good or adequate in law; legally binding or efficacious”. Recognized has several definitions also but probably most relevant is “To acknowledge by special notice, approval or sanction; to treat as valid, as having existence or as entitled to consideration; to take notice of (a thing or person) in some way”. This would imply a legal meaning and makes one wonder if the passage in fact removes basic human rights such as rights of hospital visitation, property and inheritance that have previously been extended to many same sex couples. However, the pre-election arguments did not clarify this and personally I remain ignorant concerning the implications of this proposition.
Has the community of those opposed to Proposition 8 considered these issues and if all rights provided to married citizens were extended to same sex unions would they oppose use of a different term? This would seem to allow provision of the legal benefits of marriage to all without compelling a change of definition of the term. Words that come to mind are simply a contraction of same sex marriage to “Samarriage” or “same sex union”. Any enlightenment that you can provide would be welcome.
Additionally, I am uncertain as to the implications of a No on Prop 8 to religious institutions. I presume they would retain the right to refuse church weddings or religious sanction of same sex unions if they chose. From my perspective, these are private organizations and their “biases” should be respected though not condoned. Please clarify the position of the No on 8 community.
B. H.
Los Angeles, Ca.
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