Tuesday, May 26, 2009

Thoughts on the news from California today...

I'm hopeful today. Granted, I'm disappointed that Prop 8 has been allowed to stand, but I'm hopeful for the future. Honestly, the idea that the court would derail the democratic process is a little unsettling to me anyway. So here are some thoughts about the decision of California's Supreme Court to uphold Proposition 8.

First, I've been hearing a lot complaining about how the court caved to political pressure blah blah blah...but the argument to overturn Prop 8 was that it brought "sweeping changes" to the constitution and therefore wasn't constitutional. The court simply upheld the means by which the measure was passed. AND they let the 18,000 marriages stand. That sounds like a victory for equality and democracy to me.

We who oppose Prop 8 need to remember that today's ruling has nothing to do with whether Prop 8 was fair or just. It's the means by which it was passed that was in question. Plain and simple. Ttoday the supreme court endorsed the democratic process, not the fear and prejudice behind Prop 8. Remember, it was a decision by the CA supreme court that made same-sex marriage legal in the state last year. Moreover, they let stand the 18,000 same-sex marriages performed before Prop 8 passed. The decision today isn't a defeat. It's not an indictment of the judicial process. And above all, it's no reason to lose hope. On the contrary, this tiny blip in the struggle for equality is an opportunity for Californians to endorse equality the right way.

What I'm suggesting is that everyone in favor of legalizing same-sex marriage needs to chill about the supreme court's ruling today and keep working toward equality. The decision wasn't made today, it was made in November. THAT's what we should be working to overcome. So let's do it by being the good people that we are. Let's be productive members of our communities. Let's be good neighbors. Let's stop labeling opposition with hate. Let's be open and honest about our lives. The public opinion is slowly but surely changing in favor of equality, so let's win our rights that way. As happy as I am every time a state supreme court rules in favor of equal rights, a state legislature passing the same rights sends a much more powerful statement. And if a state were to grant equal rights by a public referendum, THAT would be the most powerful statement of all. As it is, Prop 8 only narrowly passed. Compare that to previous campaigns and it's clear the momentum is clearly building in our favor. Imagine the day when California overturns Prop 8 using the same system by which Prop 8 passed. I am convinced that one day soon the citizens of California will extend full marriage rights to same-sex couples. And that will be a much bigger victory than the supreme court could ever provide, especially by overturning Prop 8 on a technicality. That's the day I'm hoping for.

2 comments:

Seth & Edna said...

Agreed

Miriam Latour said...

Thank you for your sense and wisdom. I have much less patience than you do, and yet I haven't lost hope. Your words bring me away from the edge of anger.