Legal Perspective on Prop 8

The following came to me via an email group of LDS moms. Permission was given to share this. This issue is not merely a change in who can or cannot be married.

Read on. Mr. King says it better than I can.

I know this list is mostly for Moms, but I'm an attorney Dad who needs to weigh in on this issue, particularly for those not in CA who might not be well informed, or those in CA who feel 'the [LDS] Church has over-stepped its bounds.' It has not.

Far more is at stake than whether same-sex couples can formalize their relationships - the absolute fact is that they can under California law, whether or not Prop 8 passes. The Family Code says there shall be no difference in the rights of registered domestic partners under California Law - so they already have every right California can give them. The only thing Prop 8 denies them is the term MARRIAGE.

The underlying goal of those same-sex marriage is not supporting those relationships, it is totally about undermining established religion and those who espouse moral standards. The goal is to make California a hostile environment for those of faith, as San Francisco attempts to be. As I recall one City Councilman put it [paraphrased, and I wish I could now find the story I read so long ago]: 'Established religion and those who belong to it have no place in San Francisco and should go elsewhere.'

Note the Church that lost its tax-exempt status because it would not perform gay marriages. Note the doctor who was sued [despite referring to another doctor who performed the procedure] over refusal to artificially inseminate a lesbian couple and was then told by the Judge 'find another line of work.' Note that the Catholic Church can no longer arrange adoptions in Massachusetts since they will not do so for same-sex couples. Note that marriages of all kinds have declined catastrophically in foreign countries that have allowed same-sex marriage for years.

Know that there are couples waiting until after the election to approach the LDS Church to be married there, but have already drafted the legal complaint in order to attack the Church in Court for a refusal to perform the ceremony. Know that California law requires that same-sex marriage be taught to children in school on the same basis as heterosexual marriage.

Read liberal David Blankenhorn's article [Los Angeles Times, Friday, Sept. 19, 2008] 'Protecting Marriage to Protect Children' for another perspective.

THIS IS A MORAL ISSUE,
WITH FAR-REACHING UNDESIRABLE CONSEQUENCES.

Bryan King, Esquire

I couldn't say it better.