An interaction between Chief Justice Ronald George and Kenneth Starr, who is defending Proposition 8, gets to the heart of the argument.
Starr argues that voters have an inalienable right to amend the state constitution as they see fit through simple majority vote, inlcuding “things that tug at the equality principle.” But George leans in on the question and asks whether, if Proposition 8 had specifically said that homosexuals had no right to form a family relationship or raise children, that still could be done by amendment? Starr replies yes.
George pursues it further, asking if California voters could remove the right to free speech? Starr says yes.
“Tug at the equality principle?” Right. Could you white-wash that a little more, Ken? I think you mean, “create inequality.”
It would be nice to believe that this exchange will finally lead the general public to believe that gay marriage is bigger than a bunch of ‘mos who want to get hitched and does, in fact, have something to do with them. Unfortunately, I’m not that optimistic.