Why is this important? It’s important because California voted to get rid of marriage rights for our community. It’s important because 29 other states have done the same. It’s important because LGBT people get fired from their jobs just for being who they are, kids get beat up in school for seeming “queer” while school administrators do nothing about it, and same-sex couples can’t foster or adopt while children in need go without homes. Isn’t it getting old?

The good news is that equality is coming into style. We don’t have as many supporters as we need (yet), but the community of straight allies is growing. LGBT visibility has brought a lot of progress, but the research we’ve seen says that being out and visible is not enough (read it here if you don’t believe us). What changes people’s hearts and minds and gets them to support equality is having had personal, close relationships with gay people. Relationships where – through conversations – straight people learn what it’s like to be LGBT.

Yes, the fifteen-year-olds of this country are overwhelmingly supportive of our rights. But if we don’t want to wait around for today’s teenagers to become middle-aged before we get equality, we’re going to have to get more people to support us. And the best way to do that is by Telling 3.

Marriage = legitimacy.

That is, if LGBT folks can marry, it means that their relationships are legitimate. Socially sanctioned. Official. Recognized. Everything else hangs off of that. Everything.

“Domestic partnership” or “civil union,” regardless of how many rights they confer on the couple, does not carry the same weight that the word “marriage” has in our society or our psyches.

From an article in the L.A. Times last May:

Many gay Californians said that even the state’s broadly worded domestic partnership law provided only a second-class substitute for marriage. The court agreed.

Giving a different name, such as “domestic partnership,” to the “official family relationship” of same-sex couples imposes “appreciable harm” both on the couples and their children, the court said.

The distinction might cast “doubt on whether the official family relationship of same-sex couples enjoys dignity equal to that of opposite-sex couples,” [Chief Justice] George wrote . . .

The ruling cited a 60-year-old precedent that struck down a ban on interracial marriage in California.

Unfortunately, it looks like the CA Supreme Court (after making such a sweeping statement in the marriage cases that allowed LGBT marriage in CA in the first place!) will decide that Prop 8 is NOT a constitutional revision to the CA state constitution. Their argument being, in short, that LGBT folks have all the same rights under the CA domestic partnership, so what’s in a name? (You can see why the lawyers arguing the case were shocked to hear this reasoning after the Court’s decision last May.) It’s only taking away a little bit of the rights of a minority (i.e. suspect) class to let Prop 8 stand. And it’s not really a structural change to the CA constitution and therefore not really a revision. Plus, the “power of the people” is also a right and striking down Prop 8 would infringe on that. Here is a decent summary in the most recent issue of Time and a really good, more in-depth article in the L.A. Times.

Fortunately, the law is pretty clear on retroactive propositions in California: if retroactivity was not specifically stated in the proposition, then said proposition is not retroactive. Prop 8 does not have any language along those lines (regardless of the one weak statement in a rebuttal argument in a voter information pamphlet). This means that the 18,000 LGBT couples who married in California will most likely get to keep their marriages yet no more LGBT folks can get married.

So, I have a few questions for the Court: I wonder what happened to the power of the 48% of the people who voted against Prop 8? And splitting hairs on how much of a right we can take away? Once you open that door, where does it stop?

Maybe hidden in the causes of his commitment to federalism is an understanding of the inherent civil rights of human beings — as stated in the the Bill of Rights and, oh, in this little phrase from a certain document: We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness — but I might be stretching my optimism a little thin.

I guess I’ll just be content with the fact that he’s calling for it to be repealed.

Oh, and about those “activist judges?” They were just doing their job.

If passed, Proposition 8 would add language to the State Constitution stating that “only marriage between a man and a woman is valid or recognized in California.” Supporters of the amendment complain about the “activist” judges who wrote the court decision. But the majority in the 4-to-3 ruling was acting to protect a vulnerable group from unfair treatment. Enforcing the state’s guarantee of equal protection is a job assigned to judges.

The New York Times, September 28, 2008
Preserving California’s Constituion

California voters will have a chance in November to protect the rights of gay men and women, and to preserve the state’s Constitution. They should vote against Proposition 8, which seeks to amend that Constitution to prevent people of the same sex from marrying.

The measure would overturn a firmly grounded State Supreme Court decision that said everyone has a basic right “to establish a legally recognized family with the person of one’s choice.” It said the state’s strong domestic partnership statute was inadequate, making California the second state to end the exclusion of same-sex couples from marriage. Massachusetts did so in 2004.

Whether this important civil rights victory endures is now up to California voters. Opponents of giving gay couples the protections, dignity and respect that come with marriage are working furiously to try to overturn the court ruling through Proposition 8. It is our fervent hope that Californians will reject this mean-spirited attempt to embed second-class treatment of one group of citizens in the State Constitution.

If passed, Proposition 8 would add language to the State Constitution stating that “only marriage between a man and a woman is valid or recognized in California.” Supporters of the amendment complain about the “activist” judges who wrote the court decision. But the majority in the 4-to-3 ruling was acting to protect a vulnerable group from unfair treatment. Enforcing the state’s guarantee of equal protection is a job assigned to judges.

It is true that in 2000 California voters approved a ballot measure recognizing only heterosexual marriages as valid. But since then, the public has grown more comfortable with idea of marriage equality. The California Legislature passed a measure to let gay couples marry in 2005, and another in 2007. Both were vetoed by the Republican governor, Arnold Schwarzenegger, who took the wrong position — that the change had to come either from the courts or through a ballot initiative.

To his credit, Mr. Schwarzenegger is now among those opposing Proposition 8. To his discredit, John McCain, the Republican presidential nominee, is in favor of restoring marriage discrimination. Barack Obama opposes the initiative, as do California’s senators, Barbara Boxer and Dianne Feinstein, both Democrats.

The proponents of Proposition 8 make the familiar claim that legalizing same-sex marriage undercuts marriage between men and women. But thousands of gay and lesbian couples have been married in California since the May ruling and marriage remains intact.

Similar discriminatory measures are on the ballot in Arizona and Florida. They also should be rejected.

On a side note, George Takei is 71?!? Criminy! Yet another person I can see storming around when he’s 120, shouting, “I’m one hundred and twenty!”

San Diego County issued a record 230 marriage licenses today and performed 144 wedding ceremonies on the first day gay and lesbian couples were allowed to marry in San Diego.

County officials did not break down the license requests or the ceremonies by whether the couples were same-sex or heterosexual, but many gay couples were seen getting married Tuesday by the media on this landmark day.

Congrats to the happy couples! Know anyone who’s getting married thanks to the new ruling?

via Feministing