Anti-Gay Amendment Supporters Cite Children, Use 'Fabricated' Argument

Kilian Melloy READ TIME: 4 MIN.

In an argument that is being called "pure fabrication" by family equality advocates, anti-gay-family proponents of a constitutional amendment in Calif. are claiming that kindergartners and grade schoolers will be forced to learn about same-sex marriage unless marriage equality in that state is revoked.

The San Francisco Chronicle reported in a July 25 article that backers of the anti-gay amendment, Proposition 8, have prepared a ballot argument that is now available for perusal at the office of the California Secretary of State.

Warns the argument in favor of Proposition 8, which would snatch marriage equality away from gay and lesbian families and return marriage in that state to the sole and special province of heterosexual couples, "If the gay marriage ruling is not overturned, teachers will be required to teach young children there is no difference between gay marriage and traditional marriage."

The argument for repealing marriage equality continues, "We should not accept a court decision that results in public schools teaching our kids that gay marriage is okay. That is an issue for parents to discuss with their children according to their own values and beliefs."

Adds the text of the argument, "It shouldn't be forced on us against our will."

The law provides that no parent is required to have health education issues, including sex ed and family issues, "forced" upon them contrary to their wishes; indeed, state law clearly allows parents to keep their children out of classes to which they object on religious grounds, reported the Chronicle.

Moreover, while state law in California does require that students at every grade level receive some instruction in family issues, nothing in the text of the law (and nothing in the ruling from the state's Supreme Court, which found existing law limiting marriage to mixed-gender couples exclusively to be unconstitutional) specifies that the content of the classes must include a discussion of different family structures, or about marriage in particular, the article said.

The Chronicle noted that religious objection to certain subject matter in the schools touching upon differences in human sexuality and civil rights for GLBT people was recently an issue when right-wing religious opponents of another California law sued the state in federal court, seeking to derail a law that bars schools from discriminating based on sexual identity or sexual orientation.

Shannon Minter, the National Center for Lesbian Rights' legal director and a lawyer opposed to the attempt to repeal equality to gay and lesbian families, was cited in the article as saying that the law does not require kindergartners and grade schoolers to learn about such matters, but only stipulates that students receive instruction on the legal and financial matters involved with marriage.

Generally, that class material is offered in high school, and parents are given the opportunity to help develop the curriculum, according to Minter.

Said Minter of the argument prepared by anti-family equality activists, "This is a pure fabrication."

Added Minter, "They are trying to inflame people by making up these falsehoods about [how marriage equality will affect] kids."

The anti-gay argument states, "While gays have the right to their private lives, they do not have the right to redefine marriage for everyone else."

However, nothing in the law as it currently exists requires heterosexuals to refrain from marriage with a person of the opposite gender. The law merely allows gays and lesbians to enter into marriage with people of the gender with whom they would prefer to build a life and a family. Heterosexuals are free, under California's laws, to continue to marry people of the opposite sex.

The argument prepared by supporters of continued marriage equality in California also cites freedom from interference from the government, though perhaps more credibly. States the text of the to No on 8 campaign's argument, "The government has no business telling people who can and cannot get married."

Continues the text of the pro-family equality argument, "Regardless of how anyone feels about marriage for gay and lesbian couples, people should not be singled out for unfair treatment under the laws of our state."

Similar arguments have been made before in other states where such ballot initiatives have been presented to voters. In 27 of 28 states to put marriage equality to a popular vote, the result has been a re-writing of state constitutions in a way that enshrines special rights for heterosexuals while stripping family equality from gays and lesbians as a matter of bedrock law.

In the case of Arizona, in 2006, a different argument was made: that if the anti-gay amendment were to be approved, unmarried heterosexual couples would lose some of their benefits.

Arizona voters rejected the proposed amendment, which would have restricted any marriage-like benefits from accruing to unmarried couples, as well as restricting marriage rights to heterosexuals.

Elsewhere in California, a prominent police figure has come forward as a supporter of marriage equality.

The Los Angeles Times reported in a July 22 story that the chief of the Los Angeles police department, William Bratton, has made a financial contribution to Equality California, the state-wide organization working to preserve family equality for the state's gays and lesbians.

Bratton and his wife made the donation in honor of family friend Howard Bragman, a publicist whose wedding to Chuck O'Donnell was something of a cause celebre in Los Angeles, with Jeffrey Prang, the mayor for West Hollywood, officiating.

Bragman's invitation to friends and family to consider making a donation to Equality California in lieu of presenting him and O'Donnell with wedding gifts led actor Isaiah Washington to contribute money to the group.

Washington lost his role on the TV drama Grey's Anatomy following reports that he had called gay co-star T.R. Knight by an anti-gay expletive. Washington is also one of Bragman's clients.

Tennis champ Martina Navratilova also contributed to Equality California in honor of the newlyweds.

Said Chief Bratton, "The Constitution guarantees life, liberty and the pursuit of happiness."

Added LA's top cop, "I see no reason why gays can't pursue happiness through marriage."

Said Bragman, "So many of these ballot initiatives seem esoteric and hypothetical," the L.A. Times reported.

Added Bragman, "Our marriage changed that for people who know us. Our love, respect and commitment has the power to change hearts and minds and make an ethereal concept real."


by Kilian Melloy , EDGE Staff Reporter

Kilian Melloy serves as EDGE Media Network's Associate Arts Editor and Staff Contributor. His professional memberships include the National Lesbian & Gay Journalists Association, the Boston Online Film Critics Association, The Gay and Lesbian Entertainment Critics Association, and the Boston Theater Critics Association's Elliot Norton Awards Committee.

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