Prop 8 Wins the Battle, but Certainly not the War
Published May 26, 2009 @ 10:22AM PT
It's official. The California State Supreme Court ruled that Proposition 8 should be upheld by a 6-1 vote, thus ending speculation that the ballot measure might be overturned, reinstating marriage equality in the Golden State. This is not entirely surprising, given the tone of the Prop 8 hearings in March, where nearly every justice seemed to indicate they supported the legality of the Proposition, even if they themselves wouldn't have voted for it.
However, the Court also ruled that the nearly 18,000 same-sex marriages that were recognized before Prop 8 passed will remain legal, thus throwing a small but not insignificant number of same-sex couples into a weird sort of legal limbo where their marriages will have to be recognized, while other gay and lesbian couples have their relationships denied certain civil rights. Here's the ruling:
S168047
The end result? Prop 8 may have won the battle, but certainly not the war. Marriage equality is still spreading fast across the country (five states currently, and up to seven or eight perhaps by year's end). Tonight, more than 90 cities across the continent will see rallies and demonstrations in support of marriage equality.
And, the Courage Campaign just announced (via email) that they strongly support waging a statewide campaign to put a repeal of Prop 8 on the 2010 ballot, thus ensuring another round in the debate over marriage equality's future in California.
And this time, we'll win.
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Comments (12)
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Michael Jones is a Change.org Editor.
He is the former Communications Director for the Human Rights Program at Harvard Law School, as well as the former Director of Communications for Pax Christi USA, a national Catholic peace and justice organization. Mike is a graduate of Syracuse University's S.I. Newhouse School of Public Communications and he is also a proud sketch comedy writer.
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Okay! We roll up our sleeves ... we do have momentum on our side, I think 2010 is the right decision...we just did a poll on Courage Campaign about whether to wait to 2012. I don't know result of that vote, but if they redid poll today... I think this is the right move.Doesn't do much for DOMA does it?
Posted by Lee Dorsey on 05/26/2009 @ 10:28AM PT
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Remember if you support Marriage Equality, please wear a WHIT KNOT ribbon today. Thanks.
Posted by Lee Dorsey on 05/26/2009 @ 10:29AM PT
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I am wearing the White Knot ribbon and I was happy to see a guy at USPS wearing it too!! I am glad people are still fighting, even though it was sad news. We should never give up, but we should now stand by it more than ever!
Posted by Manuela Rodrigues on 05/26/2009 @ 01:45PM PT
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And I just updated this post...Courage Campaign announced that their survey shows 82% favor putting it back on the ballot in 2010...and that they will strongly support that, but still need to talk to other organizations in California. We'll see...2010 or 2012...next time it's on there, it will be overturned.
Posted by Michael Jones on 05/26/2009 @ 10:36AM PT
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I kind of wish I lived in California so I could be a more direct part of that. But I'm sure that the next round will not be lost. People are too angry, too determined, and too stirred up from Prop H'8 already. Hopefully they won't cool down while waiting for 2010.
Posted by Michelle Bak on 05/26/2009 @ 10:42AM PT
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Here from the COURAGE CAMPAIGN: ....and may post as Action if you don't Michael.
Moments ago, the California Supreme Court announced its deeply disappointing decision to uphold Proposition 8.
While we are pleased that the court recognized the legal marriages of the 18,000 same-sex couples married in 2008, we are saddened by the Prop 8 decision.
But we don't have time to mourn the failure of the state court to restore marriage equality to California.
It's time to go on offense. To be fearless in our fight for equality. Starting right now:
http://www.couragecampaign.org/Fearless
Last week, we asked our members to vote on which year -- 2010 or 2012 -- the Courage Campaign should support going back to the ballot to restore marriage equality. Your collective response was overwhelming -- 82.5% support a 2010 ballot measure. As a result, the Courage Campaign is announcing today its strong support for a 2010 initiative, while respecting that partner organizations are still discussing and deliberating this very important question.
In response to the court's decision, the Courage Campaign will hit the California airwaves in the next 72 hours with a 60-second TV ad version of "Fidelity" -- the heartbreaking online video viewed by more than 1.2 million people, making it the most-watched video ever in the history of California politics.
We are launching this provocative new TV ad in the spirit of Harvey Milk's call to "come out, come out wherever you are" and proudly tell the stories of the people most affected by the passage of Prop 8 -- in moving images set to the beat of Regina Spektor's beautiful song.
Be fearless. Watch this 60-second "Fidelity" TV ad now and -- if you want more people to see it -- contribute $25, $50, $100, $250 (or as much as you can afford) to expand our ad buy immediately in Bakersfield, Fresno, Los Angeles, Sacramento, San Diego and San Francisco ASAP:
http://www.couragecampaign.org/Fearless
Did you cry when you saw the original 4-minute "Fidelity" video, inspired by pictures sent to us by our members? So did many of the people who watched the premiere of the TV ad version at recent Camp Courage training events in San Diego and Oakland, erupting in cheers and standing ovations, and spontaneously passing the hat to pay to put "Fidelity" on TV.
"Fidelity" is part of a larger strategy to build and empower a grassroots army of Courage Campaign Equality Teams across California. For three months now, 24 teams in 15 counties have been laying the foundation for the difficult battle ahead, knocking on doors in the heart of the Central Valley and coastal communities of California.
If you think "Fidelity" symbolizes the kind of fearless campaign you think should be waged to restore marriage equality, please contribute $25, $50, $100, $250 or more TODAY to put it on the air across California. We don't have much time, so please donate now:
http://www.couragecampaign.org/Fearless
Be fearless. We can't win without you.
Rick Jacobs
Chair, Courage Campaign
Posted by Lee Dorsey on 05/26/2009 @ 10:51AM PT
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I just got that e-mail too Lee, such a beautiful video.
This ruling makes me SO MAD. What ever happened to courts protecting the minority from the prejudices of the majority? YOU CANNOT VOTE ON CIVIL RIGHTS. I wish I was in California protesting right now. There are no protests where I live.
Posted by D W on 05/26/2009 @ 12:33PM PT
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It's horrible that the California Supreme Court did the incorrect thing by letting the intolerant Proposition 8 stand. In addition, their intolerant decision was ironic to me in that I thought the California Supreme Court would most definitely repeal the intolerant Proposition 8. However, it's great that the Courage Campaign will strongly support the necessary LGBT right of same-sex marriage by campaigning for the right by ballot next year.
Posted by Edwin Bonilla on 05/26/2009 @ 02:58PM PT
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The opportunity to vote ON hate shouldn't even have been presented to the people in the first place. People can't see past their own prejudices to realize that there is something they do that someone else doesn't like, either. Hate begets more hate.
I don't live in California, but I have many friends who do and several who married there. Just like womens' rights movement needs men among the ranks, so do gay rights need straights. Civil Rights only needs compassionate humans.
Posted by Lisa Smolen on 05/27/2009 @ 07:05AM PT
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I read several excerpts of the ruling, and it appears to be nothing more than a very wordy set of parameters that defends the court's position in an effort to continue and justify the discrimination of same-sex couples. One particular section is especially telling:
"Proposition 8 does not 'entirely repeal or abrogate' the aspect of a same sex couple's state constitutional right of privacy and due process...(and)...the constitutional right of same sex couples to 'chose ones life partner and enter with that person into a committed officially recognized and protected family relationship that enjoys all the constitutionally based incidents of marraige' (and then adds): reserving the official designation of marriage for the union of opposite sex couples...but leaves undisturbed all other extremely significant substantive aspects of same sex couple's state constitutional right to establish an officially recognized and protected family relationship and the guarantee of equal protection of the laws."
OH REALLY! This is hypocrisy at its finest! One cannot have equal protection under the law if one is denied the equal privileges of the law. Prop 8 is clearly unconstitutional, and it doesn't matter how the State Constitution is written. Same sex couples' equal rights are being violated by not allowing them to be 'married' and have the full protection of marriage. You and I know there IS a significant difference between the rights of married couples and the rights of couples granted civil unions, and especially those not even given that.
As long as the state and federal government continue to interpret their respective Constitutions in ways that extricate certain lifestyles based on judgemental perceptions and bias, then our Constitutions are not worth the paper they are printed on. They must be written and/or amended to guarantee equal protections and equal rights for ALL under the law.
Posted by Barbara McNamara on 05/27/2009 @ 07:54AM PT
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I totally agree with you very well written view Barbara. What really chaps my ass, is that I read the opinions (I didn't read all the crap before the opinions because I already know the history) and what stood out the most was Kennard's justification. She used the very measure in question as part of her justification for upholding that same measure (circular logic). She clearly is not a philosopher that knows how to argue without using fallacious reasoning.
Posted by Dave Hershey on 05/27/2009 @ 11:19AM PT
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Someone please use your powers for a grassroots campaign for the sharpest LGBT persons across America to formulate a strategic, intelligent and effective approach/solution before our rights/passions are sealed by a Federal decision.
Prop8=Hate
Posted by Michael Alexander on 05/31/2009 @ 08:17PM PT
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