In last week’s La Jolla Village News, Dave Thomas wrote a commentary (“What happened to my vote on prop 22?,” page 6) in which he complained that his March 2000 vote supporting Proposition 22 “did not count,” because California’s Supreme Court overruled the Proposition when it recognized same-sex couples’ right to marry. We think Mr. Thomas is wrong ” his vote did count, just not in the way he expected. We have several problems with Dave Thomas’ views on the recent ruling in favor of same-sex marriage.
Like other divisive issues such as the right of women and non-whites to vote, resolving the same-sex marriage issue involves an often long and intricate interplay between the judgment of individuals and the legislative and judicial branches of our government, with each step informing the next. Dave Thomas’ vote on Proposition 22 was just such a step, and it helped inform the next (judicial) step. Of course his vote counted, as it catalyzed the judicial branch to weigh in, just as our Founding Fathers envisioned! And of course ” contrary to Mr. Thomas’ claim ” the judges who sit on the highest court in our state respect the fact that “people’s votes do count.” But our process called on these judges to interpret a matter of law, and they did their jobs. Yes, Mr. Thomas must vote again in November, this time for a constitutional amendment.
But despite his frustration, our process is working.
To us, Mr. Thomas’ frustration seems to be aimed at the fact that the judiciary is exerting its authority as a co-equal branch of government. Does Mr. Thomas really want a system where the majority prevails on divisive societal issues, without the moderating influence of the courts, even on Constitutional grounds? We certainly do not, nor does any minority group struggling for equal treatment. Our American form of tripartite government can be frustratingly messy at times, but we hope that Mr. Thomas agrees it is the envy of the world.
In addition, the court did not commit an “atrocity” or legislate from the bench in overturning Proposition 22.
Instead, these four judges (three of whom were appointed by Republican governors) did their jobs and upheld the Equal Protection Clause in California’s Constitution. No more, no less.
These judges were compelled to interpret this clause as written, and they did so. Every law in our state ” including statutory initiatives like Proposition 22 ” must obey California’s Constitution. Surely Mr. Thomas can’t be objecting to this standard?
We suspect the real reason behind Mr. Thomas’ complaint about “having to vote twice” is that he’s worried the tide of public opinion has shifted in favor of same-sex marriage since March 2000. Indeed, in 2006, Arizona voters rejected a proposed constitutional amendment that would have prohibited same-sex marriage, and in a 2008 Gallup survey, 51 percent of respondents in Western states (including California) approved of same-sex marriages. If Mr. Thomas is really “not against gay people,” we encourage him to change his vote next time and help us secure the same rights he takes for granted.
We are proud La Jollans and fervent supporters of the individual right to join in civil marriage with the person you love, regardless of gender. As the most populous and one of the most diverse states in the union, California has consistently led the way in reform and modernization.
We hope that Californians will continue in this tradition, and reject writing discrimination into our Constitution. Whichever way La Jolla Village News readers lean, we respect your right to be heard and we encourage you to vote in November.
Amy Snyder & Patricia Thomas
Tom Walker & spouse
Randy Clark & Tom Maddox
Susan Atkins & Crystal Weathers
Laura Shawver & Tracy M. Macuga
La Jolla