California's Proposition 8 and Arizona's SB1070 Top This Week's Social Justice Headlines
Does California's Proposition 8 Violate Constitutional Rights?
California's Proposition 8 was struck down this week by San Francisco Federal Court Judge Vaughn Walker, bringing gay rights advocates one step closer to a legal victory that would validate same-sex marriages. Proposition 8—also known as the California Marriage Protection Act—was passed into law following the 2008 state elections, with 52 percent of Californians voting in favor of defining marriage exclusively as a union between one man and one woman.
Proposition 8 opponents, including Judge Walker, denounce the law as unconstitutional and discriminatory, citing it to be in direct violation of the 14th Amendment of the US Constitution. The amendment declares that "no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
By not being able to contract legal matrimony, same-sex couples are denied the many federal and state benefits granted to opposite-sex couples; including the right to visit a spouse in a hospital and make medical decisions in his or her stead, the right to qualify for Medicare and Social Security benefits, and the right to employer sick and bereavement leave.
In his 136-page decision overturning the current law, Walker wrote: "Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples." Walker went on to add: "Race restrictions on marital partners were once common in most states but are now seen as archaic, shameful or even bizarre. Gender no longer forms an essential part of marriage; marriage under law is a union of equals."
In a recent appearance on CNN's Anderson Cooper 360°, Maggie Gallagher, President of the National Organization for Marriage, rejected that notion that "...to make a marriage you need one husband and one wife is somehow bigotry akin to objections to interracial marriage," adding "...the idea that Americans are like racists for believing that marriage is the union of husband and wife is absurd and outrageous; it's a slur against the good will of the American people; it's wrong; it's not in our Constitution; and this will not be overturned. It's not just the majority of Californians, or the majority of the American people; it's the majority of courts, including most recently, the EU Court of Human Rights that rejected that this [same-sex marriage] is a fundamental human right."
Individuals, groups, and organizations in favor of Proposition 8 assert that that while the 14th Amendment does guarantee due process and equal protection, it does not and cannot define the meaning of the term "marriage"—either as between one man and one woman or between two people of the same sex. They suggest that trying to interpret the Constitution in such a way is a misuse of the document, and instead rely on the traditional context of marriage in order to define the term, as well as the general will of the voting population.
Both sides expect the case to make its way to the US Supreme Court, where the nine justices—including new arrival Elena Kagan—will decide the fate of California's highly contended Proposition 8.
Arizona’s SB1070: Certainly We Can Do Better
Just how effective has Arizona’s SB1070 been in stamping out illegal immigration across the state?—so far, so good. But the adverse economic and social repercussions of the highly controversial law have left Arizonans and Americans searching for a more sensible solution to immigration reform. Since Arizona’s crackdown began back in April, undocumented workers have reportedly been fleeing the state by the tens of thousands, sending the economy into a slump amidst rising social tensions and fears of widespread racial profiling.
Todd Landfriend, spokesman for Arizona Employers for Immigration Reform, writes: “Was there no other approach to address immigration without undermining the state's economy or shredding our social fabric?”
Actress Mia Farrow and Supermodel Naomi Campbell Testify Against Liberian Blood Diamond Runner
Actress Mia Farrow is scheduled to testify next week before a UN-backed war crimes tribunal against former Liberian president Charles Taylor. Taylor has been accused of trafficking blood diamonds in order to instigate civil strife in his neighboring country of Sierra Leone. He faces charges of war crimes and crimes against humanity, including slavery for forced marriage purposes and recruitment and use of child soldiers.
British supermodel Naomi Campbell testified last week before the Special Court for Sierra Leone (SCSL)—the tribunal leading the hearings. Campbell was allegedly given blood diamonds back in 1997 after a dinner party at the home of former South African president Nelson Mandela, which Taylor also attended.
Actress Farrow is well known for her humanitarian efforts across Africa.
Photo Gallery Depicts Commemoration of 65th Anniversary of Hiroshima Bombing
This Friday marked the 65th anniversary of the bombing of Hiroshima by US forces on August 6, 1945. Amongst prominent figures attending the ceremony was UN Secretary-General Ban Ki-moon, who told reporters that his presence at the commemoration intended "...to send a very important and strong message to the world: that the nuclear threat is real, and that we must do everything we can to build on the current global momentum towards a nuclear-weapon-free world." Ki-moon is the first UN Secretary-General to attend the annual event in Hiroshima.
A bell rang out at 8:15am, marking the very hour that the 8,000 plutonium bomb—known as "Little Boy"—struck the Japanese city along with its some 350,000 inhabitants. An estimated 140,000 people were killed instantly upon impact, and their lives were honored in Friday's ceremony with the release of white doves and an offering of wreaths. Nightfall at the Hiroshima Peace Memorial Park found paper lanterns floating serenely along the Motoyasu River, just out front of the A-Bomb Dome—the haunting remains of a building that survived the nuclear blast.
