The California Supreme Court just announced its decision to uphold Proposition 8, thereby upholding a voter-approved ban on gay marriage in California.
I feel a little sad and disappointed, but see it as just one more small step toward the bigger picture of marriage equality. Today the Supreme Court acknowledged the right of voters (as opposed to
the judiciary) to define marriage in the California Constitution, meaning that the court's decision keeps the gay marriage ball in play by tossing it back to the voters. At some point, gay marriage will be approved by popular vote (young people are overwhelmingly for it), so there's reason to feel hopeful today. Unfortunately, many individuals will suffer along the way so that's why I'm also sad and disappointed.
On the bright side, the court did recognize the legal marriages of the 18,000 same-sex couples married in 2008. Same-sex marriage is legal in Iowa, Maine, Vermont, Massachusetts and Connecticut.
Per the Associated Press:
The 6-1 decision written by Chief Justice Ron George rejected an argument by gay rights activists that the ban revised the California Constitution's equal protection clause to such a dramatic degree that it first needed the Legislature's approval [constitutional revision]. The court said the Californians have a right, through the ballot box, to change their constitution [that it was a constitutional amendment].
Justice Carlos Moreno (who had been mentioned as a possible contender for the U.S. Supreme Court) wrote the dissenting opinion disagreeing that the proposition did not change the constitution's equal protection clause. He said the law denying same-sex couples the right to wed "strikes at the core of the promise of equality that underlies our California Constitution." He said it represents a "drastic and far-reaching change."
In the past hour or so I've gotten emails with links to groups ready to pick up the fight immediately to restore marriage equality to California. This from moveon.org:
This from Gavin Newsom's camp:
Sign our petition for marriage equality.
And these additional links also from the Newsom crew: join the tireless efforts of the Courage Campaign and Equality California.
The Courage Campaign will hit the California airwaves in the next 72 hours with a 60-second TV ad version of "Fidelity"– the most-watched video in the history of California politics.
I also received a text from AlertSF:
Major Traffic Delays in the immediate area of Civic Center; Van Ness Ave both Directions between Golden Gate Ave and Hayes ST CLOSED due to Demonstration ... Grove ST also CLOSED between Franklin and Polk. NB 9TH ST drivers are not able to turn onto Hayes ST. MUNI Riders should expect delays and re-routes on lines in the Civic Center Area.
If you're interested in attending a protest rally, a group called CREDO Mobile has made it easy to find the "Day of Decision" rally closest to your neighborhood. Just text "RALLY" and your zip code (e.g. RALLY 94105) and you'll immediately receive a text message with the event closest to your neighborhood.
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