Our U.S. Constitution was ratified in 1788 and went into effect the next year. Since adoption the U.S. Constitution has been amended 27 times beginning with the bill of rights - the first 10 amendments, which were ratified in 1791. Since then, corrections have been made to ensure the rights of “We the People.”
The 13th Amendment abolished slavery. The 15th Amendment states, “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.”
The 19th Amendment further clarified that women have the right to vote and the 26th Amendment gave citizens the right to vote at 18 years old. Not only has the text of the constitution changed through amendments, over time the rights guaranteed in the constitution have been modified by the courts’ interpretation of intent.
California Constitution
California became a state in 1850 and the California Constitution was ratified in 1879. According to Wikipedia, “The Constitution of California is one of the longest collections of laws in the world, largely due to additions by California ballot proposition and voter initiatives, which take the form of constitutional amendments.”
“Constitutional amendments may be proposed by the California Legislature or by popular petition through the exercise of the initiative power by the voters, giving California one of the most flexible legal systems and the eighth longest constitution in the world.”
In California, the initiative process has existed since 1911 and reflects the power of the electorate to propose statutes and amendments to the California Constitution. In addition, the legislature can propose bond measures to provide funding for specific programs or projects.
New Propositions
This year there may be up to 15 propositions on the November ballot. Four of these initiatives are Assembly Constitutional Amendments (ACA) that have been proposed by the California Assembly. In order to qualify for the ballot, two thirds of the members in both the Assembly and Senate must approve.
ACA 5 addresses “Marriage Equality” in California. According to the Legislative Counsel Digest, “The California Constitution provides that only a marriage between a man and a woman is valid or recognized in California, and federal law permanently enjoins the state from enforcing this constitutional provision.”
“This measure would repeal this unenforceable constitutional provision and would instead provide that the right to marry is a fundamental right.” I was surprised to hear that this restriction on marriage still exists in the California Constitution. It would be prudent to clean this up in case federal laws change.
ACA 5
The specific text of this bill makes the following findings, “Courts have recognized that same-sex couples and interracial couples have the right to marry; and this measure, if approved by the voters, would repeal language in the California Constitution stating marriage is only between a man and woman.”
“This measure, if approved by the voters, would amend the California Constitution to include the fundamental right to marry as furthering the rights to enjoy life, liberty, safety, happiness, and privacy, and the rights to equal protection and due process.” The California Democratic Party has voted to support ACA 5.
The San Francisco Chronicle (5/21/24) reported the California Republican Party “voted to be neutral on ACA 5, even though the party bylaws still view marriage as only between a man and a woman. This measure is expected to pass easily in a state that overwhelmingly supports same sex marriage. Even a majority of Republicans support gay nuptials.”
Show Your Support
Everyone in America is guaranteed by the U.S. Constitution to life, liberty and the pursuit of happiness. The California Constitution and laws further protect the rights of minority groups, but we must individually accept our responsibility to recognize and respect the diversity and rights of our fellow citizens.
There are local events coming up where we can demonstrate support for our Del Norte LGBTQ community. First up is the Del Norte Rainbow Pride Art Show with an opening night celebration on Saturday, June 8 from 6 to 8 PM at the Crescent City Art Gallery, 1228 2nd Street, Crescent City. The art show will run through July 7.
This art show is hosted by the Del Norte LGBTQ Resource Project with this mission statement, “This art show provides a creative outlet for the LGBTQ+ community and allies to fully express their feelings and attitudes surrounding sexuality and gender in a productive and positive way.”
Anyone is welcome to submit artwork that is in alignment with this mission. For more information call (707) 273-6836 or email lgbtq@gmail.com
Pride 2024
On Saturday June 15th we are all invited to attend DNATL Pride 2024; “Wild About Pride: The Nature of Belonging.” This free event is hosted by the Del Norte LGBTQ Resource Project and sponsored by KFUG Community Radio, True North Organizing Network and others.
The mission of the DNATL PRIDE event is to “strengthen and unite the queer community and allies through public events, social gatherings, and educational opportunities. This event seeks to improve the lives of everyone by increasing visibility of the queer community and making Del Norte a safer place for all.”
The Pride 2024 event will occur at the United Methodist Church 664 H Street, Crescent City, commencing with a parade and pet show contest at 2:45 PM. The festival and vendor fair will continue from 3 to 6 PM and conclude with performances and dancing from 6 to 9 PM.
Equal Rights For All
I encourage everyone to vote in November for ACA 5, which will enshrine marriage equality in the California Constitution. In the meantime, we can attend these Pride 2024 events and show support for our lesbian, gay, bisexual, transgender and queer (LGBTQ) brothers and sisters. Equal rights are for everyone.
Kevin Hendrick is a 31-year resident of Del Norte County. kevinjameshendrick@gmail.com
Most Popular
Comments / 0