A Thought On Prop 8 and Gender

My partner finds all sorts of things that he brings to my attention every day- just one of the many reasons I love him. This came up yesterday….

From Metafilter (edited for ease of reading):


“Proposition 8 Eliminates Right of Same-Sex Couples to Marry: 

Initiative Constitutional Amendment SECTION I. Title 
This measure shall be known and may be cited as the “California Marriage Protection Act.”
SECTION 2. Article I. Section 7.5 is added to the California Constitution, to read: Sec. 7.5. Only marriage between a man and a woman is valid or recognized in California.”


The biggest problem is that laws like the California initiative will make the courts decide who is male and who is female — and all available decision criteria create unavoidable miscarriages of justice that will, or should, dismay initiative proponents.

You’re probably thinking, about now, that I’m going to exaggerate the sex-definitional 1 problem: Probably, you and everyone you know is unambiguously male or female — or at least has always believed himself or herself to be so, and nobody’s challenged that, and nobody’s likely to.

That’s true, absolutely: Only maybe one live birth in 100 has some non-standard sex anatomy, and genetic anomalies are slightly rarer than that.

However, let’s talk about those 1-in-100 or 1-in-1000 cases — because those could be you, or your aunt, or your best friend — and because our system of law has to deal with 1-in-1000 situations, too.

Excellent point…. Click the link above to join in the conversation.

One comment on “A Thought On Prop 8 and Gender

  1. Pam says:

    I never thought of it that way. That makes it even more important that we allow all committed couples the right to legally marry.


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