There are a million reasons why I am glad I don’t live in California: the traffic, real estate costs, Santa Ana winds, Disneyland, Californians, etc. But the number one has to be the bizarre role of voter initiatives and proposals, which exist in many states (not much in NM, though) but seem to have their roots in the most populous state in the union. To me, voting on laws is, to use a term that gets too much play by the right, un-American. In a three-branch government, we elect legislators to enact laws, an executive branch to enforce them, and a judiciary to ensure the constitutionality of laws. Skipping the whole process seems narcissistic of voters and an abdication of the duties of the legislature. It just bugs me.
The good folks in the Golden State seem to have taken this to the extreme by making constitutional amendments a matter of electoral politics, and the new big issue is this year’s Proposition 8. (I’m on the outside looking in, but will a simple majority make this part of the state’s constitution? Is it that easy to amend the constitution of California? Doesn’t this freak everyone else out?) Here’s why I oppose the proposition, and why, if fate had me in California, I would be torn on what to do in November.
I believe in the separation of church and state written into the Bill of Rights and espoused by the founders of this nation. The tyranny of state religion in Europe, as well as the early history of what would become the first 13 states in this nation, convinced Jefferson, Madison, Adams, et al that there could be no freedom without freedom of religion. That initially was meant to permit a narrow band of orthodox Protestant faiths (and in some places tolerance of Catholicism), but, being what it is, America soon invited new religious expressions.
Even with the constitutional protection afforded to religious expression, the early founders of my faith were the objects of immense and indefensible hate and violence. Brigham Young is rightfully acknowledged with having created one of the most religiously tolerant political atmospheres of the late-19th century, in part, I believe, because he and his contemporaries had seen too much of religious intolerance to permit it in the Salt Lake Valley.
But I also believe that both church and state—when operating ethically—must permit both expression of faith and expression of doubt, that the non-religious (and even the irreligious) must have the same rights to conscience as the ardent believer. To act otherwise is to invite hypocrisy and scorn, the polar opposites of faith and love.
In our day this also translates to an acknowledging of diversity regarding sexual orientation. The leap may seem big, but here’s how it goes, in my mind. I believe that marriage between a man and a woman, solemnized by the authority of God’s priesthood in a House of the Lord, binds husband and wife together through the eternities. Most people on the earth do not believe this, and, as such, do not live the lifestyle I have chosen to follow. I have no legal right to deny them the right to marry simply because they do not marry the way I do or live the way I do. And to pretend to have such a right would make a mockery of the faith I profess.
Among those who believe differently from me are those who believe that a consensual sexual relationship between two adults of the same gender is moral and acceptable. To deny them the legal rights I enjoy as a married man is, to me, no different than denying that right to a non-Mormon couple, or a non-sealed Mormon couple. My belief is different than theirs, but in a political sense, no more or less valid.
Recently, the church published a
document explaining why it supports—and asks it members to support—Proposition 8 in California. (Full disclosure--I have thought about this issue for years, and this is the first piece that made me consider the argument against same-sex marriage to be more than blatant homophobia--my first read was a profound experience.) The document makes some solid claims and presents some true concerns with the widespread legal recognition of same-sex marriage. It largely amounts to a slippery-slope argument: if same-sex marriage is legally recognized, then institutions that do not recognize those unions face government prosecution and the repeal of tax exempt status. To me, this is a fallacious argument. That is not to say that such efforts would not happen, but they seem separate from the immediate issue; to me, marriage and religious freedom (which must be protected, and if threatened, must be defended), while related, are not inseparable issues.
As an aside, I am very disturbed by language such as this, from the
Protect Marriage website: “earlier this year, four activist judges based in San Francisco wrongly overturned the people's vote, legalizing same-sex marriage.” This issue, like many, seems to rely entirely on demonizing one branch of the government. Judges should be activists; their job is to ensure that laws are enforced equitably and that such laws do not violate the higher law of the constitution. That’s activism by nature
The right seems convinced that the only way to fight a ruling they don’t like is to call out, intimidate, and threaten judges. Or, ala Bush administration, ignore and disobey the courts of the land. It’s a dangerous mentality, one that I hear too often in church. For example, at a recent Stake Conference, a visiting Area Authority—with no background in law—spoke on this issue and referred to the 5-4 decision in California permitting same-sex marriage as judicial activism against the will of the vast (61%) majority of California voters from the 200 initiative. In the judiciary, a 5-4 decision is as valid as a unanimous one, at least in legal terms. To denigrate the judiciary, rather than fighting for intelligent legislation and the sane crafting of legal positions, is a real threat to American democracy.
So, what would I do if I lived in California? I’m not sure, which may sound odd, given the rhetoric of the preceding paragraphs. I believe strongly what I have said, but at the end of the day, would I vote against the proposition? I can’t say for sure. I also believe that prophets and apostles lead this church for a reason—namely, that they have wisdom and inspiration that I lack. It would be a much harder decision in practice than in theory. So, for the time being, I’ll rant, link to sites such as
this, and be thankful I live here, not there.