After California voted to overturn legalization of gay marriage, members of other minority groups wondered if this signaled the beginning of a new era of discrimination. Although its proponents present it as “protecting” the institution of marriage, not an act of hate, the vote was targeted at a minority group so it can be conceived of as discrimination. The question since asked by many legal scholars, is whether the passing of Prop 8 will make it easier for other “discriminatory” laws to pass. And honestly, they might be right to be concerned. Hey, who likes interracial marriage! Raise your hand up high! Well, did you know it was still illegal in America as late as 1967? And specifically talking about discriminatory laws in California, legal scholars pointed out that the state used to have a ban on Asian-Americans owning land.

“It is not hypothetical. It’s a track record,” said Stanford University law professor Jane Schacter.

The central discussion revolves around how much power should be given to “the majority.” Of course defining “the majority” is tricky in and of itself, since voting reflects the opinions of those who were able and willing to vote, not what 100% of the population thinks. But the question is whether the majority-vote should be the deciding factor when making constitutional amendments. “Inherent” civil rights are slippery little bastards, since once established, everyone agrees they’ve always been self-evident and basic, but the fact is they change wildly throughout history.

One group of minority leaders wrote a brief challenging the passing of Prop 8, writing that;

“The history of California demonstrates with sobering clarity the potential for disfavored minorities to be subjected to oppression by hostile majorities.”

Law Professor David Cruz added:

“[The courts] could take away any right from any group.”

Others argue it isn’t likely, since California is otherwise a liberal state. Ah ok, so it’s cool to hate on teh gayz, but not other minorities? Well we guess civil rights should be based on popularity, after all, not on silly things like being a human or the separation of church and state.

What do you think- does the passing of Prop 8 pose a threat to minorities in general?

Minorities fear trend from California gay marriage ban [Reuters]