Cross posted from EENR Blog
One of the most important progressive equal rights issues for me is Marriage Equality for same sex couples. Why? Because it’s one of the last Government sanctioned forms of discrimination.
This week there was a huge victory for Marriage Equality with the California Supreme Court striking down the State’s 2000 ban on gay marriage.
One of the first knee jerk reactions of Republicans in the State was to declare that the Court was legislating from the bench, just a bunch of “activist” judges (Of course the minor detail they forget to mention in their partisan bigot filled hissy fit is that 6 of the 7 judges were appointed by Republican Governors). They also argue that this will lead to the legalization of “polygamous and incestuous marriage”. Another whopper is that the ruling undermines the voters because the bill was passed with 61% supporting the ban on gay marriage. And of course the best argument is that we as citizens must protect marriage and I wrote earlier in the week, Protect Marriage? From What Exactly?.
So, what is all the fuss about? It’s a sea change and Republicans can sense that they will probably lose this battle in the end. This is when all politics become local politics. A precedent in such a large State like California will resonate with other States who have yet to take this issue head on.
Here is an excerpt from a blog post by a local Republican Assemblyman.
The California Supreme Court’s Supremely Bad Decision
By Chuck DevoreThe California State Supreme Court, lead by Chief Justice Ron George, repealed California law stating that marriage is between a man and a woman as set forth by both the Legislature and the people through the passage of Prop. 22.
The Court’s ruling is breathtaking for its overreach. Using words like “dignity” (23 times), “liberty” (34 times), and “privacy” (37 times) to describe same sex partners full right to marry, the Court overturned millennia of experience and more than 150 years of state law precedence. (For the ruling, see: http://www.courtinfo.ca.gov/op… In so doing, their strained justifications threw the door wide open to polygamous and incestuous marriage. How? By using the flawed logic that marriage is none of the government’s business insofar as marriage should be afforded to all to afford people privacy, liberty and dignity. The same weak logic can be applied to the “plural” marriages of the Fundamentalist LDS cult in Texas or to a devout Muslim citizen of Saudi Arabia who wishes to emigrate to California with his four wives. In fact, due to the equal protection provisions of the Fourteenth Amendment, both a Fundamentalist LDS cult member and a devout Muslim could argue that their First Amendment right to free exercise of religion are being violated by any restriction on polygamy – after all, their “dignity,” “liberty,” and “privacy” would be violated otherwise.
Lovely isn’t it? I love how Republicans can use words such as “dignity” as being something supremely evil when talking about the individual rights of another human being. And of course, they go into the straw man argument that by legalizing same sex marriage the next thing you know you will find people wanting to marry their brother or attempting to turn their personal life into a legal version of “Big Love”.
Ultimately the most important issue here is fighting back on these poorly argued oppositions and labeling them for what they are, flat out bigotry and homophobia. The Chief Justice in this case understood why it was so very important that the right decision come down from the highest court in the State. He said it was the hardest decision of his life.
But as he read the legal arguments, the 68-year-old moderate Republican was drawn by memory to a long ago trip he made with his European immigrant parents through the American South. There, the signs warning “No Negro” or “No colored” left “quite an indelible impression on me,” he recalled in a wide-ranging interview Friday.
“I think,” he concluded, “there are times when doing the right thing means not playing it safe.”
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Asked whether he thought most Californians would accept the marriage ruling, George said flatly: “I really don’t know.”
He indicated he saw the fight for same-sex marriage as a civil rights case akin to the legal battle that ended laws banning interracial marriage. He noted that the California Supreme Court moved ahead of public sentiment 60 years ago when it became the first in the country to strike down the anti-miscegenation laws.
California’s decision, in a case called Perez vs. Sharp, preceded the U.S. Supreme Court’s action on the issue by 19 years. Even after that ruling, Californians passed an initiative that would permit racial discrimination in housing. The state high court again responded by overturning the law, George said.
Rather than ignoring voters, “what you are doing is applying the Constitution, the ultimate expression of the people’s will,” George said.
To me this is the most compelling argument that Justice George makes for his ruling, it’s not about subverting the people’s will, just as we’ve seen in the past, the “people” have been wrong before. It’s about upholding the State’s constitution and in that way supporting the ultimate will of the people.
I believe that the new initiative that Republicans are fighting to get on the ballot in November will not pass this time though. Even in my conservative area of town in the local paper of record, the OC Register, the online poll they have shows 52% supporting Gay Marriage. In the article I quoted Justice George in, the margin was much larger, 72% of respondents support Gay marriage. Now granted, many Republicans are hoping that such a ballot initiative will bring out Republicans in droves but they forget something just as important, many new Democrats will also be coming out to vote and they will more than likely vote against change the State Constitution to ban Gay Marriage.
And another factor to consider in California for this November? Republicans in the State are stepping away from wedge issues like Gay Marriage.
“I think we have bigger fish to fry than do people have a right, if they are gay, to get married or not,” Schwarzenegger said. “I think that we should think about fixing the budget system and think about fixing the health care system and rebuilding California.”
And you know what, I agree with the Governator. We do have bigger issues to deal with and as it stands, gays will be able to marry legally in this State if the initiative in November doesn’t pass. I hope that moderate Republicans will heed the Governor’s logic and reject yet another ban that violates the State Constitution.
I would love to see my gay and lesbian friends have the right to marry so they too can have the same protections that many married straight couples take for granted. I also hope then that in such a case we can put more energy into issues such as universal health care and education. Wouldn’t it be nice to say we’ve moved passed the issue altogether?
California Gay Marriage made legal! Press Briefing & Rally
“Full and equal recognition of our relationships means that we have crossed a final barrier toward full and equal citizenship, at least in California. This day has been years in the making, but we know we can’t celebrate for long…
today we celebrate. Today we savor the full and equal recognition of our relationships, our families, and our responsibilities that come with it. But tomorrow, we organize. Our equality did not come easily. We will not let it go. – Ed Bennett, President of Sacramento Stonewall Democrats…
Dan Chmielewski, on May 15th, 2008 at 10:27 am Said:
Its a great day for equal rights and personal freedom and liberty. Nice job on this Andrew
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The Lovable Curmudgeon, on May 15th, 2008 at 10:32 am Said:
I had prepared for the worst. Now I’m numb. Truly a historic day.
Does anyone know of any celebrations scheduled in OC?
(And my security word was “equality”)…
Sean H. Mill, on May 15th, 2008 at 10:44 am Said:
This is truly a great day. California should have been on the forefront of this and led the way in this fight for equal rights. Being the second state isn’t half bad though. I am proud to be a Californian today!
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Vern Nelson, on May 15th, 2008 at 11:21 am Said:
SWEEET! Equality and justice, as they do too infrequently, lurch forward another step! And TEH GAY ROCKS!!!
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OCDemoGrl, on May 15th, 2008 at 11:21 am Said:
It is great to see discrimination take a hit today. To my best friend, a proud gay American, who said he would not see gay marriage in his life-time, the door has swung open in your favor. Go forth and be marry!
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Drew C., on May 15th, 2008 at 11:48 am Said:
This is absolutely awesome! Coming from working on the Equality for All campaign this is great progress…Congratulations to everyone in the LGBT community, I am so exited for you guys! As I always said, “Live better, promote equality!” Oh yea…thanks for coming out to phone bank for equality Andrew!
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Bill Spaulding, on May 15th, 2008 at 12:55 pm Said:
Great news indeed. It’s a beautiful day in the neighborhood.
Celebrate in Long Beach this weekend at the Pride Festival both days and the Parade on Sunday morning.
Celebrate by donating to and/or volunteering for candidates who support the community.
Celebrate by helping in whatever way you can to make sure the initiative likely to be on the ballot this November fails to undo the court’s decision.
But first: Savor the moment.