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Certainly my thought too. Who are these people? Well, and where?
And then there is a good chance that a lawsuit can be put together to over turn the initative. I know several women lawyers who are lesbian with partners and kids and I am pretty sure they are working on how to do that, this very morning.
For one thing Proposition 8 is completely vague. What is a man or a woman?
There are a whole class of ambiguous gendered people who are excluded, as well as classes of transgendered and transexual. So I think it is unconstitutional as a denial rights and privilages under the XIV Amendment's equal protection clause.
There are serious practical problems to this proposition. That is to say, it is un-enforcable. Consider the problem of checking names, who is `Lee' or `Curtis' for example. Lifting up dresses, pulling down pants, and even DNA tests don't work to define a man or a woman. If the state requires any of those sorts of tests to get married it is a violation of the IV Amendment, right of the people to be secure in their...effects. There are currently no physical exams or blood tests required. The state can ask for a birth certificate where gender is always assigned.
However, birth certificate verified gender can be contested and has been. There are various genetic-developmental combinations that yield physically apparent men and women (usually after hormon thearpy), with the gender opposite chromosomes. Well, are their marriages invalid because they have the wrong genes or under took hormone thearpies as teenagers?
If you make the arguement that a couple must declare themselves men and women, respectively, then what is to stop gay couples from doing the same?
Hi, I am Bruce, this is Gloria. Excellant, says the clerk down at city hall. Sign here, Congratulations.
CG