The New York Times published the following letter from me on Dec. 26, 2008:
While the California Supreme Court is considering whether Proposition 8 violates the state constitution, it might also consider whether the effort to invalidate 18,000 gay marriages violates the Eighth Amendment of the U.S. Constitution as well. The Eighth Amendment prohibits "cruel and unusual punishment". If it serves to protect convicted criminals, it certainly should extend to persons who are guilty of nothing other than engaging in a marriage ceremony at a time when it was legal to do so. Could there be anything crueler to those couples than to now invalidate their marriages? I have read all of the moral and biblical justifications for Proposition 8, as well as the arguments for and against sustaining it, but I find it incredible that the "victors" should want to inflict such further hurt on a group which has injured no one by their marriages. The Constitution prohibits invidiously discriminatory punishment. The invalidation of these marriages solely based upon the fact that the participants are gay clearly would be an act of invidious discrimination.
While the California Supreme Court is considering whether Proposition 8 violates the state constitution, it might also consider whether the effort to invalidate 18,000 gay marriages violates the Eighth Amendment of the U.S. Constitution as well. The Eighth Amendment prohibits "cruel and unusual punishment". If it serves to protect convicted criminals, it certainly should extend to persons who are guilty of nothing other than engaging in a marriage ceremony at a time when it was legal to do so. Could there be anything crueler to those couples than to now invalidate their marriages? I have read all of the moral and biblical justifications for Proposition 8, as well as the arguments for and against sustaining it, but I find it incredible that the "victors" should want to inflict such further hurt on a group which has injured no one by their marriages. The Constitution prohibits invidiously discriminatory punishment. The invalidation of these marriages solely based upon the fact that the participants are gay clearly would be an act of invidious discrimination.
