California Proposition 8 Victory

August 6, 2010

By Padmini Arhant

Heartfelt Congratulations! To the LGBT community and Gay rights advocates on the recent victory.

On August 5, 2010 the California federal court Judge Vaughn R. Walker ruled against Proposition 8 that banned same-sex marriage.

The issue had been long contested by the opponents through various avenues – legal, ballot and legislative measures.

Yesterday’s ruling confirms the unconstitutionality surrounding the voter supported Proposition 8 that deprived society’s specific members the equal rights in all matter.

With this verdict, a significant progress has been made thus far.

The debate has evolved into a much better understanding of the prevalent social injustice prompting legislative actions by the Democratic Congress to protect these citizens from discriminatory practices including,

President Barack Obama’s actions extending equivalent benefits to federal employees and gay rights expansion in every possible dimension, not to mention the initiative to repeal ‘Don’t ask don’t tell,’ policy in the military.

There is still a great deal of efforts required in invoking natural empathy, the inherent human quality latent in the contemporary society,

For the civil union continues to be the political choice over legitimacy to formalizing the marital status.

Nevertheless, the gay rights movement has gained impressive momentum through myriad sources and it will soon be triumphant nationally in this regard.

Incremental winnings provide optimism in the targeted goals and the gay members deserve to prevail at every opportunity.

Any society that believes in – “All are created equal in every respect,”

They would unequivocally favor the simple desire for “same-sex,” marriage among their fellow human beings without subjecting them to individual perceptions.

Best Wishes and Good Luck! To the gay activists for more positive outcome not only in this issue but also the ‘don’t ask don’t tell,’ matter.

Thank you.

Padmini Arhant

Proposition 8 Results

May 27, 2009

California gone ideological!

The California Supreme Court results upholding Proposition 8 to ban ‘Same Sex Marriage’ received with mixed reaction. Those behind the Prop 8 success were jubilant over the verdict, while the victims of flawed ballot initiative disappointed at the highest judiciary’s ruling against its own decision legalizing “Same Sex Marriage” a year ago.

Society has different forces working for and against various causes. Whenever certain members in the society isolated for reasons considered obviously discriminatory by the fair minds, all avenues explored to gain equality and justice. In this situation, the victims being the gay community relentlessly pursued the legitimate course for their equal rights. The opposition vehemently denied fairness to the segregated members of the society.

The recent developments since the California Supreme Courts’ ruling last year in favor of the issue followed by ballot measures with excessive propaganda particularly by religious institutions yielding marginal victory and subsequent action by the highest court deserve scrutiny.

Even though, the court maintained the earlier decision based on the constitutional law granting equal rights to all citizens regardless of race, religion, gender and sexual orientation, somehow this time, the same court claims the upholding of Proposition 8 initiated with blatant bias and fervent activism against the victims as justification for their backtracking in human rights.

The Proposition 8 mandate on November 4, 2008 was undemocratic and unscrupulous on all accounts. This in itself, demerit the consideration to honor the so-called will of the people by the justices of the California Supreme Court. Therefore, aptly qualifies for an appeal.

Justice is blind but at times ethics and integrity beckons reasoning for sound judgment to protect innocents’ rights. Power accompanied by wisdom and courage demonstrates notable actions.

The decision makers in the judicial system formally trained to follow the rule of law typically set in stones even going back to Stone Age. Unfortunately, such rigidity in the system fails to embrace and acknowledge the transformation via progress in the society. Therefore, creating opportunities for loopholes and pathway leading to an undesirable outcome forcing specific members to remain outcasts in the society as witnessed in the gay community matter.

Clearly, the judicial authorities obligated to the constitution and the will of the people in a democracy effectively shackled in the confines of the law protecting some most of the times, while neglecting the rest during the moment requiring diligence and rationality.

Hence, in the absence of due amendments to the procedures and applicable Bill of Rights, the existing laws do not always conform to the society’s progress. Similarly, the ballot initiatives and special elections misused for political agenda wasting taxpayers’ dollars in a virtually bankrupt economy reflects hypocritical action by those calling for fiscal responsibility and spending cuts hurting the weak and the vulnerable.

They only serve the special interest groups and religious institutions violating the constitution emphasizing the separation of Church and State.  Again, one should not ignore the double standards in this context with the entities’ selective demand to the victims to respect the constitution and the rule of law.

Interestingly, the Proposition 8 status quo ruling coincides with President Barack Obama’s announcement of the Supreme Court Nominee for the next Justice of the United States Supreme Court, Judge Sonia Sotomayor. The President’s expectations in his nominee included empathy apart from fidelity to the constitution and the rule of law in reaching decisions affecting human lives. Not surprisingly, the term ‘empathy’ attracted criticisms from those unwilling to think outside the box, in this instance the legal framework.

Today, the Proposition 8 ruling would be honorable upon the judicial system requirement to display empathy where appropriate in addition to the exclusive practice of law. A legal system that strictly adheres to Text Books’ theory is contradictory to a society subscribing to pragmatism as genesis for new era culture.

As for the far right and the ultra conservative nexus celebrating victory over injustice to the targeted group of people, it’s time to rescue them from their own shortcomings with a subtle reminder that nothing is permanent in the eternal cycle of natural changes. Needless to state the once majority rule is down to a bare minority with representation threatened at every level of political system.   Possibly, confirming the reality in 2010 gubernatorial election in California.

Ironically, in the President’s choice of the Supreme Court Nominee, Judge Sonia Sotomayor’s personal and professional biography diagnosed and the New Haven, Connecticut firefighters’ matter brought forward as reverse discrimination and condemned by the moralists. Meanwhile, rejoicing the short-lived Prop 8 event inevitably to triumph in the immediate future.

In the case of the New Haven firefighters subject to verification of facts, discriminatory practices against individuals or groups regardless of them being the majority or minority better abandoned in recognition of equal rights for all and promotion based on meritocracy rather than reparation related to history will be in society’s best interest.

The religious segment on their part played a dominant role financing the favorable voting on Proposition 8. These groups under the guise of non-profit organizations violated the IRS code explicitly prohibiting political activities. Their negative propagation against “God’s beloved children” is unconscionable in spiritual and ethical sense. Deeds causing pain and agony to other human beings carried out in the name of religion or the representative are equivalent to sacrilegious in the highest order.

Using religion as a tool to promote inequality and injustice is the present norm and the prevalence attributed to ignorance of the laws of nature and general creation. Perhaps, the following message could be a revelation to all those conspicuously against the children of god, the gay community –

Homosexuality is natural with scientific evidence and not experimental as admitted by some heterosexuals since time immemorial. Homosexuality stigmatized as an epidemic and moral degradation of societal conduct, when religious scandals involving young children continue until date.

The intriguing aspect of the morality issue is the “people in glass houses casting rocks at others.”

Those religious institutions proclaiming ‘Epiphany’ and declaring homosexuality a preference rather than a unique orientation in the wide spectrum of natural diversity, owe explanation towards accepting variation in environmental species with a spectacular range in fauna and flora yet rejecting distinction in human species.

It’s tragic and an assault on human intellect by extreme ideologues to portray all loving and peaceful creator, the authority on malicious intervention in natural course of action.

Furthermore, it is twenty first century and United States, the modern democracy having engaged in democratization of regions with complex cultural heritage and inherent inequalities has a primary responsibility in setting an example of providing unconditional equal rights, privileges and justice to citizens from all lifestyles. Failure in doing so raises credibility issue for the nation regarded as the leader of the free world.

United States’ diversity and social progress truly reflected in the justice system following the constitution based on inclusive not exclusive rights.

Gay community as the children of God is an integral part of the society and “Same Sex Marriage” is their civil and constitutional right and unequivocally proven in the next and final legal battle in California.

Society fair well when all things are equal.

Thank you.

Padmini Arhant