Friday, May 8, 2009

Reigning Miss California faces breach of contract

Proposition 8 prohibiting same sex marriage has ignited public opinion in California. Its passage added a section in the constitution which read "Only marriage between a man and a woman is valid or recognized in California."

Consequently, several campaigns against it had been launched by different gay organizations.

Miss California Carrie Prejean has been vocal of her opposition to same sex marriages by actively participating in campaigns against it. In fact, many believed that her failure to win the Miss America pageant was due to her answer when asked about same sex marriages. Moreover, she had made televised appearances at her San Diego church and on behalf of the National Organization for Marriage on the same issue.

Prejean’s active opposition prompted the Miss California organizers to review her contract with them. The contract prohibited her from making personal appearances or giving interviews without permission. The organizers also criticized her semi-nude photo as a teenage model.

The alleged multiple violations may cause Prejean her crown. Being ethical and morally right is beside the point. The issue here is that she violated some of the provisions of her contract as a beauty titlist. As the reigning Miss California, she has a duty to abide by and uphold the terms of the contract.

Breach of contract is an actionable wrong in California and anywhere else. So long as the terms of the contract are conscionable and voluntarily agreed by the parties, such terms should stand. Should the matter be elevated to the court, Prejean must hire an attorney expert on breach of contract cases.