The Bells of Equality 16May08 | 1 response
Ok, can I just say how awesome it is that the Republican dominated California supreme court gave the thumbs up to gay marriage? Sure, it was four to three, but still, I am excited beyond words that the court affirmed the constitutional right to marry for California gays and lesbians. It is not every day that the stodgy halls of the legal community strike a blow for civil rights, after all.
I was going to write about it yesterday, but I was too hot to move, let alone use the keyboard. I don’t know what the deal was, but it was seriously, seriously hot yesterday. I had all these grand plans of doing the laundry and going to the library, but instead I lay around the house in a desperate torpor, pushing cats away when they got too close because they were like little furry furnaces. And even the cats seemed to lack the will to move; Loki stayed in one position for nine hours, which may be a Loki world record.
One thing in the 172 page decision that I was really pleased about was the comparison of same-sex marriage to interracial marriage. The fact of the matter is that interracial marriage was one illegal in California, not that long ago, and as the decision rightly pointed out, history is not always the best measurement to use when considering whether or not something is constitutional. Overturning the ban on interracial marriage was a good thing for California to do, and I believe that overturning the ban on same-sex marriage is also a very good thing for us to do.
I also loved the repeated mentions in the decision about the right to have one’s relationship recognized and respected, and I especially enjoyed the little gibe which suggested that we should ban all marriage in the interests of equality. Perhaps I’m just a California hippie, but I seriously do believe that families come in a wide variety of configurations, and I would never presume to dictate which configuration is acceptable and which isn’t.
There was also a nice little bit about the fact that same-sex marriage in no way detracts from opposite-sex marriage, and that no religious organizations or officials are going to be forced to adjust their beliefs; if you don’t want to officiate at a gay marriage, then don’t, basically. The goal is not to cheapen opposite-sex marriage, and I’m sorry that some people feel that way, because the goal is to recognize and respect partnerships between couples of the same sex.
Of course, this means that there is now going to be a proposed constitutional amendment to ban same sex marriage on the November ballot; and good on the governor for coming out strongly in opposition to any such thing. I’m hoping that this ends up backfiring on the conservatives, because I suspect we’re going to see record liberal turnout at this election, with voters fired up by the prolonged popularity contest and pissed at the conservatives. I swear to Pete, if that amendment gets on the ballot and passes, I am going to be seriously disappointed in my fellow Californians.
Apparently, the 2004 weddings in San Francisco were a major factor in the decision to support same-sex marriage in California, which is awesome. I think that as an act of protest, the decision to offer marriage licenses to gay and lesbian couples in San Francisco was brilliant, and I hope to see a lot more of the same happening in the near future. Nice of them to overturn the ban just in time for a stack of June weddings.
As Andrew Sullivan pointed out in The Daily Dish, if thousands of same-sex couples marry in California between 15 June (when the decision takes effect) and November, any proposed constitutional amendment to ban same-sex marriage would result in the simultaneous annulment of thousands of marriages. For those who claim to value the sanctity of marriage, I hope this creates room for pause; I imagine that straights would be pretty infuriated if their marriages were annulled at the polls, don’t you think?