Law Students

More Stupid Prop. 8 shit.

By Steve Pirates

Ok, so assume that the second coming is in fact nigh, and Prop 8 passes.

Then what?

If a man and man are in love, could one of them have a sex charge operation and now be a woman and get married?

If a man and a woman are married and in love, but the woman realizes that she was born intersexed and the doctor picked “wrong” when they chose the snip snip. So the woman gets reconstructive surgery, hormones, the whole nine yards, and in a year she’s a man.

What does Prop. 8 do to that situation?

Now, lets look at those two situations under modern law.
A man and a man are in love. could one of them have a sex change operation and now be a woman and get married? YES!
And actualy, YES every step of the way. Because with gender out of the equation, men can marry men, women or other.

If a man and a woman are married and in love, but the woman becomes a man, what happens then? Well, nothing HAS to happen, it would be up to the parties to decide whether to stay together or not.

Prop. 8 is anathema. It it the epitomy of looking backwards at how a problem was dealt with at one point, and forcing that method onto others, regardless of the soundness of the fit.

In general I prefer forward looking laws: read my scratch papers on stuff if you’d like. (each of these articles will turn into law review type things, so please don’t hijack my thoughts. But if you share my interests, I am always open to collaboration.)

Full post as published by Jolly Lawger on October 25, 2008 (boomark / email).