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[personal profile] drewkitty
An initiative Constitutional amendment trumps all existing law. If Proposition 8 passes, it will write discrimination into the state Constitution.

Churches are given an exemption from taxation so that they do not meddle in politics. If they choose to grasp the nettle, then surely they will not object to paying their fair share.

I see no way in which a conservative person's rights will be hurt by Proposition 8's failure. No marriage will be broken and no person harmed, by defining marriage as between a man and a man or a woman and a woman. No pastor or clergyman will be made to officiate at a ceremony they personally disapprove of. In short, no humans will be harmed by this measure's squalid defeat.

If Proposition 8 passes, many people I know of and some people I know personally will be harmed by it. This is not a hypothetical for me. I have close friends, whom I believe are very sincere, who plan to marry next year in a triad -- this will dash their hopes forever of having their marriage recognized by law. I have gay friends who will be denied not merely marriage, but the right to HOPE for marriage.

If we pass this Constitutional farce, on a par with declaring PI to be 3 and legislating the timing of the tides, what is next? Unmaking the marriages of Roman Catholics because that Church conspires to discriminate? Any declaration that a marriage is 'lawful' or 'unlawful' leads down a slippery slope. Perhaps Mormon 'eternal marriage' will be next?

You may have heard of George Takei, the actor who played Sulu in Star Trek. Can you look him in the eye and tell him that he is not allowed to marry the love of his life? For he has, and Proposition 8 will unmake his marriage.

See http://www.georgetakei.com/news.asp

From http://pageoneq.com/news/2008/nups091608.html



A constitutional gay marriage ban on November's ballot, Proposition 8, Takei said, is "against the basic fundamental ideals of democracy.

"You know, we're a pluralistic society, and there are many, many faiths and beliefs here. Now, we respect everybody's faiths--their right to their beliefs, but there's no right for any one faith group to write their own particular beliefs into civil law that applies to everyone. That's not democracy...and we are going to make sure that democracy prevails here."

"I think, basically, the majority of Californians are fair, decent-minded people," he added, "and they will recognize the beauty of our marriage, the truth of our marriage; and they will not take it away from us."

Recalling his internment experience during World War II, Takei chose the venue for his marriage to make a point. "As gay Americans, we have been stereotyped and characterized as something frightening and threatening," he said, "as Japanese-Americans were before the war."



Might as well ban interracial marriage while you're at it. You'd have to look me and my ex-wife in the eyes then. We're not married now, but we'd spit in the eyes of anyone who dared tell us our marriage wasn't "VALID."

Date: 2008-10-16 04:37 am (UTC)
From: [identity profile] kensan-oni.livejournal.com
My only confusion is wasn't this already passed back in 2000? I'm all for the general sexual revolution, but I thought we had firmly lost this fight almost a decade ago.

I'm still voting no... but it's one of those things that gives me Deju-Vu.

Date: 2008-10-16 06:31 pm (UTC)
From: [identity profile] drewkitty.livejournal.com
There has been a lot of action on the Constitutional rights front. Thus this initiative. The fundies have the money to keep bringing it back until they win. The opposing amendment, the gays don't have the votes for.

So it's on, and it's going to be on, and the fundies are counting on outspending the queers.

Date: 2008-10-16 09:05 pm (UTC)
From: [identity profile] justeps.livejournal.com
Churches are not forbidden to "meddle in politics." While they aren't allowed to engage in Political Campaign Activity as it pertains to candidates, influencing specific legislation (e.g. ballot measures) is deemed Lobbying Activity, and currently considered permissible within limits. Besides, they're probably on safe ground if they simply nod in the general direction of an ideologically-similar 501(c)(4).

The really disturbing thing about Prop. 8 is how much money has come from out of state. That's meddling.

However, it's not a given that whoever raises the most dough automatically wins. The Thoron TV ad was ineffective and lost a lot of ground; the two no-on-8 ads that followed were much better, but came late to the party. In contrast, the yes-on-8 camp has been hitting home runs every time.

Date: 2008-10-18 03:34 am (UTC)
From: [identity profile] drewkitty.livejournal.com
http://www.irs.gov/newsroom/article/0,,id=161131,00.html

The ban on political campaign activity by charities and churches was created by Congress more than a half century ago. The Internal Revenue Service administers the tax laws written by Congress and has enforcement authority over tax-exempt organizations. Here is some background information on the political campaign activity ban and the latest IRS enforcement statistics regarding its administration of this congressional ban.

In 1954, Congress approved an amendment by Sen. Lyndon Johnson to prohibit 501(c)(3) organizations, which includes charities and churches, from engaging in any political campaign activity. To the extent Congress has revisited the ban over the years, it has in fact strengthened the ban. The most recent change came in 1987 when Congress amended the language to clarify that the prohibition also applies to statements opposing candidates.

Currently, the law prohibits political campaign activity by charities and churches by defining a 501(c)(3) organization as one "which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office."

Date: 2008-10-18 03:38 am (UTC)
From: [identity profile] drewkitty.livejournal.com
The relationship between legislation by initiative and the 501(c)3 rules is not one I've seen explored at much length. An interesting point.

I regardless feel that the present campaign illustrates the dangers and pitfalls of allowing religions to push political views and to lobby from a tax-exempt status, on whatever nebulous grounds.

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