Professor David Cruz discusses Proposition 8
by Sheila Grady
Rarely does a two-year-old ballot proposition continue to garner a steady stream of public debate following its passage.
Yet, despite the unseasonably warm weather, students, faculty and staff gathered on September 28 in the Fishbowl Chapel at the University Religious Center to discuss Proposition 8. The event was the latest installment in the “Students Talk Back” weekly discussion series sponsored by the Jesse M. Unruh Institute of Politics.
Moderated by Dr. Ann Crigler, director of the Unruh Institute of Politics and chair of the USC department of political science, and Lucy Mueller, managing editor of The Daily Trojan, the panel discussion --“Defining Marriage: Who Decides” -- focused on the constitutional, political and cultural ramifications of Prop. 8 on California’s citizens.
Passed in the November 2008 elections and then overturned on August 4, 2010 by U.S. District Chief Judge Vaughn R. Walker, the controversial amendment stated that only marriage between a man and a woman would be legally recognized in California.
An expert on constitutional law with specific focus on civil rights and equality issues, USC Law Professor David Cruz explained the legality behind Judge Walker’s decision.
“Judge Walker’s decision holding Prop 8 unconstitutional was correct to say that it doesn’t matter that this was an initiative adopted directly by the people,” he said. Cruz explained that initiatives adopted by voters and statutes adopted by legislatures are both forms of laws equally subordinate to the U.S. Constitution.
Panelist Reed Galen, former deputy campaign manager for Senator John McCain and Governor Arnold Schwarzenegger, voiced concern about the ruling, stating that many of the proposition’s proponents felt their democratic rights were violated by Judge Walker’s decision to overturn Prop 8. “On the public opinion side of this, remember that Prop. 8 passed with 52 percent of the vote,” he said. “Voter registration in this state is about 46 percent Democrat, 32 percent Republican, so a lot of Democrats had to vote yes on Prop. 8.”
However, this attitude is changing, pointed out Andrew Matson, a representative from the USC College Democrats.
“In the last field poll done in July 2010, 51 percent of registered voters in California support the right to same sex marriage,” he reported. “I think there has been a major shift in public opinion.”
While social conservatism has traditionally been a hallmark of the Republican Party, Taryn Dicterow, a representative from the USC College Republicans, agreed that the public’s opinion, especially among younger generations, is shifting.
“As public opinion is changing, we’re seeing a much larger voice nationally in favor of overturning Prop. 8,” she said.
However, the panelists agreed that in November’s upcoming elections, the issue will likely be overshadowed by voters’ concern about the economy.
“If I had to guess, I’d say that right now most voters in California really don’t care what their neighbors are doing,” said Galen. “They just want jobs. In good economic times, when people have jobs, social issues often rise to the fore because everything else is okay. Now, I think voters are more likely to say, ‘this is an issue, but this isn’t my issue.’”
Cruz reminded the audience of the sobering facts of the case in light of the Ninth Circuit Court of Appeals’ decision to indefinitely extend the district court’s stay.
“Even though Prop 8 was ruled unconstitutional, no new same sex couples are getting married,” he said.
Yet, despite the current stay and political climate, Galen feels confident that same-sex marriage will eventually be legalized in California and the rest of the country.
“Where California goes, so goes the nation,” he said. “If 40 million people are allowed to marry, it’s unlikely it will stay in our borders.”
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