Seeing that no one ever reads this blog anyway, I'm gonna post a few thoughts that will probably be the most controversial I have ever written.

This past week, the California supreme court upheld the infamous Proposition 8, an item on November 2008's ballot that defined marriage in California being between a man and woman. Prop 8 was supported by the Christian Right, the Muslim Community (see they can agree on a few things :), and the Hispanic community. The result of it's win meant that homosexual marriage was once again considered illegal in California, despite the ruling of the San Francisco appeals court that deemed any such ban as unconstitutional (to clarify... that's the state constitution nor the federal constitution). Today there are protests in the streets of California, declaring the passing and upholding of prop 8 as a violation of civil rights. Arrests have been made, countless voices are screaming for attention in this debate.

So why am I choosing to write about it? I'm just a Christian hetero, semi-conservative, white boy, in North Carolina, why do I care? Well I've really started to think about it.
Especially after seeing and hearing some of the debate about this issue.

I stumbled upon this video that tries to paint a picture, of at least how the homosexual community is feeling after this decision.



The video goes a bit too far, and creates a bit of a "straw man" argument, yet... it is compelling. If a vote can decide to take away something that was previously allowed, what else could a vote do? Could we vote our rights away?

To me this goes deeper than trying to overturn a single proposition on a ballot. This is about defining words and concepts for today's world. First let me say, that I feel gay marriage is not a moral issue, it is a social issue and should be treated as such. Therefore, I will not even begin a discussion on a Christian's response to blah, blah, blah... this is a responsible citizen's response to the issue.

Now that I've gotten that first little bit off of my chest... I want to ask some really difficult questions.

1) Is marriage a civil right or is it a privilege?

On December 10, 1948 the United Nations General Assembly ratified a document known as the "Universal Declaration of Human Rights". (click the link for the full text)
It represented the first global expression of rights of every human being, seen absolutely necessary after the atrocities of World War II. It states in article 16 that "Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. Marriage shall be entered into only with the free and full consent of the intending spouses." 48 countries around the world voted in support of this document, including the United States.

So yes, I believe we have established that marriage is not just a privilege, it is an inherent right, expressed and accepted world wide, and nationally.

So to deny someone the right to marry whom they choose is in violation of this right.

But there is a problem here, obviously those who oppose same-sex marriage will say, "Homosexuals and heterosexuals have the same rights, any heterosexual man can marry any heterosexual woman, and any homosexual man can marry any homosexual woman..." There in lies the next concept to be defined.

2) Is the homosexual community a "minority"?

Let me rephrase, is the gay community a group of individuals who differ from the "dominant" group in some characteristics? (The word "minority" bothers me, because of it's connotation, but lacking any other legal definition, it is the word we will stick to.) The obvious answer to the question is yes. Regardless of what you think about homosexuality (born-that-way or choice) there is no denying that to be a homosexual is to be part of a social group, not unlike being Catholic, or Jewish, or African American.

So isn't denying same-sex couples the right to marry discrimination?

3) What is the definition of discrimination?

Here in lies the problem, on what grounds do you call it discrimination?
Different states and different nations see this differently.

The federal laws of the United States, and court decisions "prohibit discrimination in such areas as employment, housing, voting rights, education, and access to public facilities. They also proscribe discrimination on the basis of race, age, sex, nationality, disability, or religion."

While the Quebec government has written...

"Every person has a right to full and equal recognition and exercise of his human rights and freedoms, without distinction, exclusion or preference based on race, colour, sex, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions, language, ethnic or national origin, social condition, a handicap or the use of any means to palliate a handicap. Discrimination exists where such a distinction, exclusion or preference has the effect of nullifying or impairing such right."

Do you notice the difference? The United States does not recognize discrimination based on sexual orientation in our laws or court decisions. Now, individual states have the power to include this clause, and some have, but California does not have such a clause in their discrimination laws (by the way, neither does North Carolina).

Here in lies the real battle. Discrimination... denying the rights of others based on their sexual orientation, that is what is really going on. So instead of fighting to overturn a vote on a small proposition, I believe energy should be spent in the changing the language of our laws. So that all people are given the rights that we have agreed upon as a people.

If marriage is a right and being gay means being part of a "minority" people group, then banning their right marry whom they choose is discrimination and a civil rights issue. It is not only unconstitutional it is against the inherent, accepted, and expressed universal rights of all humans.

There I've said my piece... no one will read it, but I've said it and I feel better.
Maybe now I'll get some sleep.