The argument proposed by those against Proposition 8 is that it would infringe their rights to the same enjoyment of marriage as heterosexual couples. In California “all registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from statutes, administrative regulations, court rules, government policies,common law, or any other provisions or sources of law, as are granted to and imposed upon spouses”. California Domestic Partner Act, California Family
Code, Sections 297 and 297.5(a).7
Since there is a law on the books that already guarantees homosexual couples the same rights as heterosexual ones it would appear that the issue at hand has little or nothing to do with the infringement or denial of marriage rights.
In addition, “all persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. Cal. Civ. Code 51.5(a). This law prevents discrimination based on sexual orientation among other things and again bolsters the argument that the quest to redefine marriage has less to do with protecting rights and more to do with changing the definition of marriage.
If the issue at hand is not so much about the provision of equal rights for all then what is it about?
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