THE REASONS LAWYERS SHOULD OPPOSE MARRIAGE MEASURE

There is an initiative on the California ballot in November which would establish prejudice in the California Constitution. It must be defeated. The California Supreme Court has ruled that gay people have a right to marry in this state. In terms of privacy, fundamental freedoms and equalities, very few rights are more important than the right to marry. The legal arguments will play out over the next months, but one need go no further than the case of Reitman v. Mulkey, 387 U.S. 369, decided in 1967 by both the California Supreme Court and the U.S. Supreme Court. It stands for the proposition that voters can not ensconce prejudice in a state constitution. There cannot be an initiative providing that Protestants can only marry Protestants or that Catholics can only marry Catholics or that Jews can only marry Jews or that Muslims can only marry Muslims.

The California Constitution is not a home for prejudicial provisions. Over and above the legal arguments, we must take a very clear look at the proponents of this initiative. I personally believe that we have been much too comfortable with the haters that seem to be so politically active. They argue that they are defending marriage. But they are opposing marriage. If the idea is in some way to support marriage, why not have an initiative preventing divorce?

There is a second reason to oppose this initiative and it is because the initiative process is very often abused by expensive, poorly thought out, politically divisive, diversionary concepts of the moment. These dangers are especially true when the initiative deals with a constitutional amendment.

There is a third reason for lawyers to oppose this initiative. The California Supreme Court has spoken. Our chief and others on the court have risen to the occasion. They have done their job. They have interpreted the law fairly, honestly and objectively.

There is a fourth reason to defeat this initiative. Prejudice against gays is as old as our Sierra mountains. It is despicable. It is indefensible but it is real. Perhaps we would be tempted to say this is not our issue. But it is our issue. The people affected by this initiative are our friends, our colleagues, our partners and our fellow citizens. We need to make this our issue and defeat this initiative.

Finally, there is not enough love in the world and what love there is should not be obstructed by our own state constitution.

James J. Brosnahan
San Francisco



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