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Apple come out, say no to prop 8
Information Technology News
Apple come out, say no to prop 8 | Apple come out, say no to prop 8 |
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| by David M Williams | |
| Saturday, 25 October 2008 | |
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Page 2 of 2 Official campaigns are online at www.noonprop8.com (No) and www.protectmarriage.com (Yes), respectively.Featured Whitepaper
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In fact, from 1850 to 1977 California's marriage statutes avoided any gender-specific language, simply stating marriage was a personal relation arising out of a civil contract to which the consent of the parties was necessary. California did not explicitly define marriage as being between a man and a woman but court decisions and the 1872 codification of the civil law did make this assumption. True to its nature, in 1948 California became the first state court in the country to strike down a law prohibiting interracial marriage. This move has relevance to the current situation because at the time the California Supreme Court held that marriage is something more than a civil contract which can be regulated by the state but is a fundamental right of all people. The California Supreme Court stated "the right to marry is the right to join in marriage with the person of one's choice." However, in 1977 the legislature amended the relevant Civil Code to expressly state marriage is a between a man and a woman. The legislature stated the amendment was to prohibit same-sex couples from marrying. Earlier this year, May 15 2008, the California Supreme Court ruled that individuals of the same sex have the right to marry under California Constitution; any statute that limited marriage to a relationship between a man and a woman violated equal protection clauses. Consequently, as of June 17 2008 marriage between individuals of the same gender is both valid and recognised in California.
The current Proposition thus seeks to modify the California Constitution to adjust this clause. |
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