The Forgotten Founding Document:
The Overlooked Legal Contribution of the Declaration of Independence
And California’s Opportunity to Revive It Through Proposition 8
A. Scott Loveless
In early November, eyes across the nation will focus not just on the outcome of the Presidential election, but also on an important proposed amendment to a state constitution, California’s Proposition 8. Just eight years ago, 62% of California’s voters passed a “citizens’ initiative” that declared marriage as a union only between a man and a woman. Earlier this year, however, the California Supreme Court declared otherwise by a 4-3 vote. As in other states voting on similar amendments, this proposition is hotly contested because both its supporters and its opponents view their respective positions as morally compelling: gay rights advocates feel the amendment is discriminatory and would deny them their human rights; others see the amendment as necessary to block a movement that could reduce traditional marriage from its protected and privileged place as the major protection for children and the undergirding of society.
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