Yes on Proposition 8: California Protect Marriage Constitutional Amendment
by Rich Deem

Prop. 8 & Rights?

Under California state law, domestic partnerships entitle participants all the legal rights of married individuals. So Proposition 8 is not about denying rights, but is about a radical redefinition of marriage, based upon the decision of 4 activist judges.

Rich Deem


On November 4, 2008, Californians will vote on Proposition 8, the Protect Marriage Constitutional Amendment. In March, 2000, California voters overwhelmingly approved Proposition 22, which stated, "Only marriage between a man and a woman is valid or recognized in California." However, the California State Supreme Court declared Proposition 22 unconstitutional by a 4-3 vote on May 15, 2008. Proposition 8 restores the exact wording of Proposition 22 to the California state constitution reversing the activist decision of those four California Supreme Court judges.

Marriage is not a right!

Contrary to the claims of the anti-prop 8 forces, marriage is not a right. Marriage is a responsibility and a legally-binding contract intended to stabilize families with children.

Marriage has always been restricted

Numerous laws exist that restrict the ability of certain people to enter into a marriage contract. First, marriage is only allowed between adults, not minors. Second, marriage is only allowed between two individuals. Multiple partner marriages (polygamy and polyandry) are not legal. Third, marriage is not allowed between closely related individuals (brothers, sisters, and first cousins). If marriage is declared a fundamental right of all individuals, then all restrictions to marriage would be declared unconstitutional, opening the doors to polygamy, polyandry, incest, and child marriage.

Marriage is for procreation, not recreation

The reason why marriage is already restricted only to unrelated adult males and females is because the marriage contract is designed to stabilize a family so that children can be born and raised by a male and female parent. Marriage is all about procreation and not recreation. Individuals, whether they be heterosexual or homosexual, are perfectly capable to showing love towards others without entering into a lifelong marriage contract.

Prop 8 does not limit gay rights

Proposition 8 does not take away legal rights from anybody. Any two individuals in the state of California may enter into a domestic partnership, which, by statute, grants them all legal rights and responsibilities of married individuals (Family Code 297.5).

Deception by No on 8

Jack O'Connell, the California State Superintendent of Public Instruction, has said that public schools do not teach students about marriage. However, Education Code, Section 51933 and Education Code, Section 51890 both require teaching about marriage as part of the comprehensive health education curriculum. For more information, see Prop. 8: Why Jack O'Connell Can't Read. As a parent of a California public high school student, I can confirm that marriage is taught in California public high schools. If marriage includes gay marriage, then it will be taught in the schools.

No on 8 says that marriage is a "fundamental right." However, neither the California State Constitution nor any statute declare marriage to be a right at all. Although No on 8 says that marriage is a fundamental right, they insist that marriage is not taught in the schools. If marriage really is a fundamental right, then it should be taught in the schools. Even their logic is flawed.

A "right" of gay marriage will restrict the rights of others

Where gay marriage has already been enacted, the rights of others have been abridged. Here are some examples:

Conclusion Top of page

Proposition 8 is not about rights, but is about protecting marriage and families against the destruction of traditional marriage through the actions of four activist judges. If the institution of marriage is declared a right for all individuals then any laws that restrict that right will be declared unconstitutional, requiring that polygamy, polyandry and incestuous marriage be made legal. Vote YES on Proposition 8.

References Top of page

  1. Judge orders 'gay' agenda taught to Christian children. WorldNetDaily, February 24, 2007.
  2. District gags 14-year-olds after 'gay' indoctrination. WorldNetDaily, March 13, 2007.
  3. Principal bans parents from pro-'gay' seminar. WorldNetDaily, March 15, 2007.
  4. San Jose professor fired for answering student’s genetics question. Alliance Defense Fund, July 17, 2008.
  5. New Mexico commission orders $6,000 fine for Christian beliefs. OneNewsNow, April 11, 2008.
  6. Dixon says University of Toledo termination violated free speech right Toledo Blade, May 15, 2008.
    Crystal Dixon. Gay rights and wrongs: another perspective. Toledo Free Press, April 18, 2008.
  7. The California Supreme Court Rules That Fertility Doctors Must Make Their Services Available to Lesbians, Despite Religious Objections. Findlaw, Tuesday, Sept. 02, 2008.
  8. California bans 'brides,' 'grooms'. WorldNetDaily, September 8, 2008.
  9. Class surprises lesbian teacher on wedding day. San Francisco Chronicle, October 11, 2008.
  10. Prop. 8 Supporter Violently Attacked for Distributing Lawn Signs. Market Watch, October 13, 2008.
  11. "Coming Out Day" celebrated at Hayward, CA Faith Ringgold School of Art and Science public charter school, Pacific Justice Institute, October 22, 2008.
  12. Division on Civil Rights Announces Settlement with eHarmony, Inc. - Online Relationship Website Agrees to Provide Same-Sex Matching, November 19, 2008.
  13. Eastern Michigan University Ousts Student for Not Affirming Homosexual Behavior, Lifesite News
  14. Proposition 8: Who's Really Lying?  Market Watch, October 16, 2008.
Last Modified April 8, 2009


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