NYT Editorializes Against Proposition 8

The New York Times editorial page has come out strongly against California's Proposition 8.

It is our fervent hope that Californians will reject this mean-spirited attempt to embed second-class treatment of one group of citizens in the State Constitution.

If passed, Proposition 8 would add language to the State Constitution stating that “only marriage between a man and a woman is valid or recognized in California.” Supporters of the amendment complain about the “activist” judges who wrote the court decision. But the majority in the 4-to-3 ruling was acting to protect a vulnerable group from unfair treatment. Enforcing the state’s guarantee of equal protection is a job assigned to judges.

It is true that in 2000 California voters approved a ballot measure recognizing only heterosexual marriages as valid. But since then, the public has grown more comfortable with idea of marriage equality. The California Legislature passed a measure to let gay couples marry in 2005, and another in 2007. Both were vetoed by the Republican governor, Arnold Schwarzenegger, who took the wrong position — that the change had to come either from the courts or through a ballot initiative.

To his credit, Mr. Schwarzenegger is now among those opposing Proposition 8. To his discredit, John McCain, the Republican presidential nominee, is in favor of restoring marriage discrimination. Barack Obama opposes the initiative, as do California’s senators, Barbara Boxer and Dianne Feinstein, both Democrats.