The ruling found that the proposition is unconstitutional, striking down the contention that relegating an entire group of people to second-class citizenship is perfectly okay.
Needless to say, this makes me very happy. One might even say it makes me…gay.
Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional. — Judge Vaughn R. Walker — August 4, 2010
At least according to opponents of marriage equality.
Of course we all want to know where these bigoted opponents are going with their arguments before we enter into discussions with them. Thankfully Patrick Farley has created a helpful flow chart to give us a heads up on the genesis (and exodus) of the straightforward anti-marriage-equality “logic.” (Which doesn’t resemble Earth logic.)
Critics of Obama’s LGBTQ inaction are likening it to a token thrown at the LGBTQ community, saying,“Tokens are not enough.”
These critics are correct. Tokens are not enough. While there is no way of knowing for certain, it is very likely that Obama would not have signed the memo had it not been for the recent outcry against his DOJ or the constant pressure from LGBTQ groups and individuals.
However, we also have to recognize that this is a positive first step towards full Federal rights for LGBTQ people. There is still a long way to go and a hell of lot of work to do. It’s unfortunate that Obama needs to be pushed to keep his campaign promises. Yes, he has a lot on his plate trying to fix the extraordinary mess left behind by Bush and Friends. But a simple executive order placing a moratorium on DADT until a full repeal can be implemented would go a long way towards showing that he really is a staunch advocate of full equality.
Still, we must keep the pressure up. Equality is a matter of time – there is no turning back. Obama will see that as well.
However, the court has upheld the right for the 18,000+ same-sex marriages performed between June and November 2008 to stand. Which means that California currently has three classes of people: those heterosexual couples who can get married at the drop of any hat; same-sex couples that were married during the short window of time that same-sex marriages were legal in California (and who will most likely be facing a fight against bigots who will work to invalidate their marriages); same-sex couples who, as it currently stands, can never get married in their state of residence.
This is great news for the marriage equality movement and even better news for the metaphorical make-out sofa manufacturers, because my make-out sofa is getting too small and it looks like I’ll have to buy bigger and bigger sofas as more and more states come on board to supporting the civil rights of all citizens.
Many years ago, when I started exploring these here interwebs, I briefly participated in an online news group known as alt.society.generation-x. I enjoyed my time there, but drifted off elsewhere as I discovered other things.
I’ve always had a soft spot in my heart for the old place, though. My first boyfriend was a regular there, which is how I found the place and participated in the disguise of Francaise (prior to Google there were DejaNews and AltaVista and searching for Names From The Past was already a common past-time – that boyfriend and I are on friendly terms now). It’s where I discovered John Scalzi, whom I credit as being my inadvertent blog daddy. And there were many people who were amongst the sharpest people it had ever been my pleasure to read. It’s where I learned the importance of backing up your assertions with verifiable proof and that snarky humor could be an art form in and of itself.
Two of the participants of alt.society.generation-x were Peter Dubuque and Steve Kleinedler, a lovely couple whom I could never really say that I knew – due to my own shyness – but whose newsgroup postings were always amongst the best I’ve ever read. Like everything and everyone else about alt.society.generation-x, I remembered them fondly and was surprised when John Scalzi announced that Peter had passed away unexpectedly. I was in shock, as were many people who knew him, however tangentially.
If you want to help build the Giant Gay Repellent Umbrella, go to www.giantgayrepellentumbrella.com. Because the storm is getting worser and worser. And wind chill will definitely be a factor, so bundle up.
Oh, Vermont Legislature! Your vote to OK same-sex marriage makes me all soft and swoony. Wanna make out on my metaphorical sofa? As long as you don’t mind if Iowa joins in. I’m hoping to be making out with my own state before too long. Come on, California Supreme Court, if you do the right thing, I promise to make out with you too. I will love you LONG time.
(Tip of the hat to @mposten, who came up with the idea of making out with states that do good things.)
In a world where up is down and the sky is paisley, Iowa has declared bans on gay marriage to be unconstitutional. Iowa is the home state of CuteFilmNerd, so that’s at least two most excellent things to come from that state. (Three, if you count the fictional future birth of James Tiberius Kirk.)
When left coast California says same-sex marriage is a bad thing and heartland Iowa says there ain’t nothing wrong with it, the world has indeed turned upside down. However, I’m not complaining. A victory for civil rights anywhere is a victory for civil rights everywhere. It’s the next step in the slow yet inexorable progress in acknowledging the humanity and rights of all LGBT folks.
Tomorrow the Californian Supreme Court will be hearing the oral arguments on the validity of Proposition 8. Tonight, all across the state, rallies will be held. As work is currently kicking my ass, I’ll quote the words from Eve of Justice:
Wednesday, March 4 is the day before the California Supreme Court hears oral arguments on the validity of Prop 8. That evening, we’ll stand together and send a unified message to our fellow Californians, including the Supreme Court Justices, that individual liberties like the right to marry are guaranteed by the Constitution to everyone and cannot be stripped away at the ballot box by a bare majority. Just as important, we will give our love and support to all the families headed by same-sex couples who are threatened by the recent electoral outcome, as well as same-sex couples whose hopes and dreams of marriage and family have been frustrated by enactment of Prop 8.
To read the parties’ filings and the dozens of amicus ‘friend of the court’ briefs filed on behalf of Civil Rights Organizations, Bar Associations, Academics, Women’s Groups, Faith and Religious Groups, and many others go to http://www.courtinfo.ca.gov/courts/supreme/highprofile/prop8.htm
March 5th – Supreme Court Oral Argument Hearing 9am to noon.
Marriage Equality USA has a list of actions for folks to participate in around the country today and tomorrow. If it’s not too late in the day, check them out!