Yes; it's election season, America. For those of you bored with the national slate, always remember that here in California there's always a proposition or two good for a dark laugh every election cycle.

The proposition scheme allows ideas generated by the public to go directly before the voters, circumventing the Politburo — er, State Congress.

This year, Proposition 8, our "Defense of Marriage" Act is a measure attempting to modify the Constitution to specifically define the word "marriage" to apply to the union of one man and one woman. Here's the text. See if *you,* dear reader, can spot the flaw.

And no; it's not the "carefully neutral" header on the Proposition in the CA Official Voter Information Guide:

"ELIMINATES RIGHT OF SAME-SEX COUPLES TO MARRY."

We'll let that one pass.

Of course, long-time residents of California, steeped in the state's rich history of legislative and judicial insanity, will have the edge in this challenge, but don't be daunted. With enough practice, you too can "think like a California judge or legislator!"

PROPOSED TEXT (in its entirety):

Sec. 7.5. Only marriage between a man and a woman is valid or recognized in California

While we're waiting for you to spot the flaw, let's note that I have an unalloyed affection for simply constructed law. This is one of those cases, and I should be over the moon about this one — 14 words! By contrast, the proposed legislation in Proposition 5 covers 20 mind-numbing pages in 9-point font.

Still — it doesn't sound, I dunno, iron-clad enough. It's a little loose, don't you think?

Here's my draft; maybe next time they'll give me a call:

Sec. 7.5. California law shall define a domestic partnership contract as a "marriage" only when it is made between an adult man and an adult woman. No other type of domestic partnership shall be recognized as such in the state.

I hope an actual domestic partnership lawyer did not draft the actual amendent, as it just smells of — I dunno, amateurism, I guess.

But anyways... on to the game:

Did you ... spot the flaw?

Here's a little hint!

...

That's right!

In California, any person may at any time declare him or herself to be any sex they want!

This effectively smothers the amendment before it is adopted, because any homosexual couple can just have one or the other partner switch genders and — hey, presto! It's a "marriage!"

Still; I'm a traditionalist. I suppose I'll be voting in favor of the amendment, as a sort of "tilt at a windmill" gesture. Who knows? If the amendment carries the popular vote, it'll at least be fun to watch the jurists twist themselves in knots to re-interpret away the will of the plebian commoners again.



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