In reading various coverage on Prop. 8, I’m sometimes baffled at the quotes from proponents who are upset about the protests that have followed the proposition’s passage. Below is an example of a comment left by a user on SFGate.com relating to a story that state Attorney General Jerry Brown has filed petitions with the California Supreme Court to hear lawsuits filed against Prop. 8.
“I wonder what all of those making legal issues over this matter would think if the great number of people who voted McCain applied the same tactics to try to get the results of the presidential election overturned.”
— by glands
WTF? It’s like comparing apples and oranges. A proposition can affect the rights of individuals, as guaranteed in the Constitution. When you vote for a politician, you have the right to vote but not the right to have your candidate win. Your right only extends to the act of voting, not to the results. Even if your candidate loses, you still exercised your right to vote.
In the case of Prop. 8, the results harm the rights of a group of citizens. Therefore, it’s up to the courts to address that harm. If McCain won and those who voted against him were upset, we would learn to live with it. Just like how we learned to live with the past eight years of the Bush administration. But Prop. 8, if left intact, would be a rule that would last a lifetime. There are no term limits to Prop. 8.