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Prop 8 will change back the right to Californians'
that marriage will be between a women and a man only (
not man to man or women to women). If
passed again, the California State Constitution will be amended. Prop 8
restores the definition “Only marriage between a man and a women
is valid or recognized in California”.
Backgrounder
This year in a 4-3 decision the California Supreme Court ruled that
same-sex marriage is constitutional and declared man to man and women to
women couples have legal right to marry as women to man couples (
this ruling overturned a voter approved statue
called proposition 22 March 2000 ). And in 2005, California
passed AB 205, granting Domestic Partnership (and
superseding a previously-enacted domestic partnership registry)
to same-sex couples, essentially granting all the rights of marriage to
same-sex couples. The primary difference between domestic partnership
and marriage in California is the manner in which couples register for
domestic partnership and dissolve a domestic partnership.
If Prop 8 Passes
The Justices will more than likely revisit their decision and may decide
to have all civil marriages called "civil unions” so the State of
California will license and sanction only civil unions. Churches and
religious organizations can approve/recognize a marriage.
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Will be a loss of retail sales tax ( e.g. receiving
gifts, etc ) because they will only be a domestic partnership,
not a married couple.
~ Marriage is the institution that conveys dignity and
respect to the lifetime commitment to same-sex couples.
~ They would lose the benefits of filing taxes married in
California. And they do not incur the “marriage penalty” since
Federal government only allows women-man to file taxes as
married.
~ Marriage is a fundamental right, in the
same way it is like freedom of religion, free speech.
~ The State should not let the taxpayers
decide that man to man and women to women couples can
marry. |
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~ Same sex-marriages may
get more tax benefits than women-man marriages; since, they
would have to file single. The federal government does not
recognize marriages of same-sex couples and they cannot file
joint federal income taxes or receive federal spousal benefits.
They would not incur the federal “ marriage penalty”.
~ Same-sex marriage will impact court cost
when these couples divorce (
recent study by economist Ben Scafidi
found that single parenthood and family dissolution costs
California taxpayers $4.8 billion a year). An increase in
single parenthood ( when children are
involved )and family dissolution, generating additional
costs to taxpayers.
~ Lawyers may try to file class action
suits against the churches for discriminating if they don’t
marry a same-sex couple.
~ Churches may be sued over their
tax-exempt status if they refuse to allow same-sex marriage in
their religious buildings open to the public.
~ Religious adoption agencies may be
challenged by government agencies to give up rights to place
children in homes with both a mother and father. |
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