Burn It All Down

The lovely folks that brought you California's Prop. 8 are now gunning for a clean sweep, saying that due to the legislation passing, California's courts have no choice but to annul existing gay marriages.

The sponsors Friday filed responses to three anti-Proposition 8 lawsuits with the state Supreme Court. The briefs also defend Proposition 8 against opponents' legal challenges, including an argument that the amendment needed a constitutional convention to be added to the state's constitution.

"We are confident that the will of the voters and Proposition 8 will ultimately be upheld," said Andrew Pugno, General Counsel for ProtectMarriage.com and the Proposition 8 Legal Defense Fund.

California Attorney General Edmund "Jerry" Brown called on the court to reject the initiative.

"Proposition 8 must be invalidated because the amendment process cannot be used to extinguish fundamental constitutional rights without compelling justification," Brown said in a written statement.

Rick Jacobs, founder and chair of the anti-Proposition 8 Courage Campaign, said he was "appalled" that the initiative's supporters wanted to nullify the same-sex marriages that are already on the books.

"The motivation behind this mean-spirited and heart-breaking action should not be allowed to be buried in legal brief," he said. "If Proposition 8's sponsors plan to destroy lives, they should at least have the courage to admit it publicly."

The really disturbing precedent here is that civil rights can be taken from a minority under the guise of "the will of the people." Under that logic, why not institute a new era of Jim Crow laws aimed at African-Americans or Latinos under a proposition vote? Why not put the practice of Islam in the US to a vote, and close down all mosques should the measure pass?

If you believe that you can take basic human rights like marriage away from a group based solely on sexual preference, you should be able to take rights based on religion, race, age, gender, or any other discriminatory criteria.

The danger that this effort represents is tantamount. The supporters of this effort will not stop there. Once you codify into law the ability of the many to take away the rights of the few, it will be used against any and every group. Once you've established a threshhold that one group cannot cross because of their minority status, all that remains is to steadily lower the bar until that group has no civil rights at all. Why not revoke the rights of gays and lesbians period? Why not apply the same standard to Muslims or Jews? Doesn't the Islamic or Jewish idea of marriage differ with the Christian one? Isn't that the argument used to deny gays and lesbians the right to marry?

Why stop there, Prop 8 supporters? Go for the whole ball of wax. Let's deny civil rights to everyone who is different.