Apple come out, say no to prop 8

David M Williams
Saturday, 25 October 2008 07:13

IT Industry - Strategy

Official campaigns are online at www.noonprop8.com (No) and www.protectmarriage.com (Yes), respectively.

California is the most populous state in the United States of America and has long been regarded the most permissive, with a high degree of social experimentation and awareness.

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.

Now, political debate goes on around the world regularly on controversial issues like euthenasia, gun control, abortion and same sex relationships. However, for a tech company to weigh in and donate such a hefty sum is unique.

Some may be angry that Apple didn't announce a price drop on its new MacBook range and possibly might consider they've been taxed to support a local Californian matter. But one thing is for sure: no matter which team you bat for, you must concede Apple make some pretty laptops and iPods and iPhones. Maybe there's a reason they have such creative individuals in their camp.