Dangerous Anti-Gay Ballot Measure Filed in CA

Here they go again! Not content with having passed Proposition 22 ("Only marriage between a man and a woman is valid or recognized in California"), in 2000, the anti-gay bigots are back, this time with a proposed ballot measure that would not only prohibit access to marriage by same-sex couples but also all its "legal incidents" (such as hospital visitation, death/burial disposition, health benefits, second parent adoption etc etc.)

Here's the important section:

SEC. 1.1. a) Only marriage between one man and
one woman is valid or recognized in California,
whether contracted in this state or
elsewhere.

b) Neither the
Legislature nor any court, government institution,
government agency, local government, or
government official shall abolish the civil institution
of marriage between one man and one woman, or
diminish the civil institution of marriage between
one man and one woman by bestowing statutory
rights or incidents of marriage on unmarried
persons, or by requiring private entities to offer or
provide rights or incidents of marriage to unmarried
persons. Any public act, record, or judicial proceeding,
from within this state or another jurisdiction, that
violates this section is void and unenforceable.

This is an Initiative Constitutional Amendment, which means that it amends the California Constitution and can not be thrown out on state constitutional grounds. Proposition 22 was an Initiative Statute and has been found unconstitutional on multiple grounds (that case is under appeal).

The proposed initiative constututional amendment is however fatally flawed on federal constitutional grounds. I have highlighted the section in red to illustrate the vast scope of this ballot measure. It would invalidate California's current comprehensive domestic partnership law (which is basically a civil union law) and enjoin the legislature from passing one in the future. This is not something a ballot measure can do under settled constitutional law (c.f. Romer vs Evans, 517 US 620, decided May 20, 1996). Basically, it singles out same-sex couples and makes them "a stranger to our laws" by providing that the only way they can obtain redress is to propose and the people of California approve a superceding initiative constitutional amendment.

However, considering the current composition of the United States Supreme Court and its likelihood to change soon, I don't think it's a good strategy to let the courts handle this. This ballot measure must be opposed, vigorously.
Here are a number of things YOU can do to stop this:

1) If people ask you for your signature for a ballot measure at Target or Wal-Mart or wherever: JUST SAY NO. Don't ask to read the petition, there are lots of instances where they show you one petition when actually your signature will be added to a different one. The signature gatherers are in it for the money--they often are collecting signatures for both progressive and conservative causes, simultaneously. If you want to lend your name to a progressive ballot measure, contact a progressive organization.

2) Tell your family, friends and acquiantances that there is a proposed ballot measure to strip same-sex couples of all state recognition and try to educate them about the full ramifications of the ballot measure. Gay marriage is already illegal in California, this measure will strip same-sex couples of a whole host of benefits (and responsibilities!) currently enshrined in state law.

3) Donate money to groups that are organizing to defeat this measure, like Equality California and the National Gay and Lesbian Task Force.