Minor setbacks aside, progress has been made.
First of all, I am so glad that we will not have to suffer through a McCain/Bush-in-drag administration. I was thrilled to see Obama hit 220 electoral votes before California’s polls (with our 55 electoral votes) even closed. I hope people will realize though, that change will not come easily. Obama made a lot of promises on the campaign trail that he may not be able to keep.
Now, on to California’s ballot initiatives. Good news before bad. All maps are taken from the Los Angeles Times.
Prop 1A: High Speed Trains
We’re gonna get our high speed trains! Los Angeles to San Francisco in 2.5 hours for well under what any airline can offer will soon be a reality. And the jobs that will be created to build, operate, and maintain this system are just what our economy needs. Honestly, I’m surprised it passed. I’m surprised that a lot of counties where the system will not be going through (i.e. Santa Barbara and Imperial Counties) voted in favor of it, while counties where the system would be going through (Tulare and Sacramento Counties) voted against it.
Prop 4: Parental Notification of Abortion
Also good news. Not really a surprise though, since this is the 4th time in 6 years that California voters have shot this scheme down. The Yes on 4 campaign was running some pretty reprehensible ads, implying that pedophiles (everyone’s favorite boogeyman) had a strong interest in this initiative going down, so that they could continue to get underage girls pregnant with no consequences. Conversely, they were saying, “If your daughter is taken advantage of by a sex offender, punish her with a child.” Yeah, that’s pro-life.
Prop 5: Drug Treatment
This was a surprising disappointment. Just goes to show how much influence the prison guard union has in this state.
Prop 8: Elimination of rights
This was perhaps the biggest disappointment of the night. However, that’s all it is–a disappointment. It is not the end of the world. It is not a landslide. It is not a mandate. It does create a Constitutional conflict that the courts will have to resolve. Here are some interesting bits from Wikipedia’s Prop 8 entry:
On July 16, 2008, the California Supreme Court denied a petition calling for the removal of Proposition 8 from the November ballot on the grounds it was a constitutional revision that only the Legislature or a constitutional convention could place before voters. Opponents also argued that the petitions circulated to qualify the measure for the ballot inaccurately summarized its effect. The court denied the petition without comment. The question of whether Proposition 8 is a constitutional amendment or constitutional revision remains unresolved. (emphasis mine)
So, there’s still a question about whether Proposition 8 is even valid. I don’t think it’s likely the courts will want to take this issue up anytime soon, but it’s bound to come up eventually.
According to Joan Hollinger, a professor at the University of California, Berkeley, Boalt Hall School of Law, “Constitutional scholars agree that the amendment cannot be effective retroactively.” The principal reason the amendment cannot be effective retroactively is the provision of the United States Constitution that prohibits the states from enacting laws which impair the obligation of contracts in Article I, Section 10 of the United States Constitution. The Ex Post Facto clause of the Constitution generally has been construed to prohibit the enactment of statutes which impose criminal penalties on conduct not previously defined as criminal, or which increase the penalties for act after the act has been committed.
This is interesting, because it means there will be same-sex marriages recognized by the state when the law states that they will not be recognized. Basically, what Prop 8 has done is it has made it the official policy of the State of California that we hold equality under the law to be a non-negotiable right of the people… except when we don’t.
Finally, to those despairing over this loss, keep in mind that Proposition 22 passed with 61.4% of the vote in 2000. Proposition 8 is only passing by 52% with 95.4% of the precincts reporting. The people who see gays and lesbians as less than equal citizens have seen their 22.8 point lead on this issue become a 4 point lead. They have lost 18.8 points, or 82.5% of their lead in just 8.5 years. And they had to trick people with lies, hide behind children, and compare the supporters of equality to Nazis to hold on to those 4 points. If they want to celebrate that, I say knock yourselves out, guys. Enjoy those 4 points while you’ve still got them. Because if the courts don’t overturn Prop 8, the people will repeal it. Maybe not in 2010, maybe not in 2012, but it will happen. This conflict is far from over, and we have time and the best values and traditions of America on our side. We are going to keep sticking our agenda in your face, because our agenda is equality. Nothing less; nothing more. We are not going to go away. We are not going to shut up. We are not going to go back in the closet. And you cannot change that.