F.Y.I

In 1967 the Supreme Court ruled on Love v. Virginia overturning a law prohibiting marriage of different races. The following is an excerpt from the ruling. This excerpt is why I believe that Proposition 8 should be overturned and that it is unconstitutional to prohibit anyone from marrying.

"Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival.... To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discrimination. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State."

The Equal protection clause under the Fourteenth Amendment prohibits discrimination by state government institutions. The clause grants all people equal protection of the laws, which means that states must apply the law equally and cannot give preference to one class of persons over another.

With this being said I find it odd that proposition 8 does this exactly. It is applying laws to only one class of persons and refusing to apply the same laws to another (gay and lesbians). Regardless of how one feels about the "morality" of homosexuality the constitution states that these basic rights cannot be taken away. How is it that 52% of Californian's (in the most recent election) and many other states have chosen to ignore this factor? Even more disturbing, how is it that it has been allowed?