editorial
Where do we go from here? Forward!
Published Thursday, 28-May-2009 in issue 1118
When the California Supreme Court handed down its 4-3 ruling on May 15, 2008, that it was unconstitutional to deny same-sex couples marriage, GLBT activists rejoiced. The ruling made California only the second state in the Union – after Massachusetts – to legalize same-sex marriage.
But even as we celebrated, our opponents moved quickly to establish a ballot initiative, Proposition 8, which would eventually pass by 52.3 percent of the voters on Nov. 8, 2008, to define marriage as a union between a man and woman as it is written in the state’s Constitution, essentially voiding the state’s largest stimulus package since the Gold Rush.
And somewhere in between those two dates, 18,000 same-sex couples got married.
Today, in a 6-1 vote, the California Supreme Court concluded that the ballot initiative was legal and the revision stands. The Court denied Attorney General Jerry Brown’s argument that denying same-sex couples full marriage benefits takes away an inalienable right.
The Court also ignored that in the course of the time it took to deliberate and write its opinion, Iowa, Connecticut, Vermont and Maine, have since legalized same-sex marriage. Lawmakers in New York and New Jersey are now in the midst of wrangling with the issue. In a surprise this week, New Hampshire’s House failed to pass a bill that would satisfy the governor.
In a unanimous decision, the Court upheld the 18,000 marriages performed between June and November 2008.
There have been ample debates, arguments, essays and space given to why the ballot initiative passed in the first place: lack of leadership in the GLBT community; lack of support among minority communities; outside spending from groups such as the Mormon Church.
But the real questions we must ask ourselves are “What does this mean for us?” and “Where do we go from here?”
For now, we must accept the Court’s decision and push to legalize same-sex marriage equality. Just last week we celebrated Harvey Milk Day, and one of his most enduring lessons was that he ran for county supervisor several times, each time getting just a few points closer to victory before he finally won. His win was a win for all of us, as well as a somber reminder that few victories come easy.
We must continue to acknowledge those 18,000 couples who chose to get married. These are the faces that prove the sky didn’t fall when marriage equality was granted in 2008. And this is no small victory.
After all, when Mayor Gavin Newsom started granting same-sex marriage licenses in 2004, the same California Supreme Court rescinded them.
First, we must continue to push toward equality. This is not the end of the war. This is beginning of the next battle. We must not accept that only 41.5 of the registered voters in California changed the Constitution . The facts are these: Only 79.4 percent of eligible voters turned out for the November election, and 52.3 percent of the 79.4 percent is 41.5 percent.
We are making inroads with the black community. In Washington, D.C., where blacks make up 60 percent of the population, the City Council recently voted to recognize same-sex marriages from other states. While the U.S. Congress must address issues that are related to our Capital city, the very nature of the City Council’s vote is part of an upward trend.
We are also engaging the faith community. In a response by the national Human Rights Campaign, a letter to members reads, “To secure marriage equality, we know we must broaden, diversify and deepen faith-based support. So with California Faith for Equality, we have been building a coalition of clergy and lay leaders who will lead a long-term campaign of education and action. We will help train them to make equality part of their daily ministries. We’ll give them the tools to be effective spokespeople who can speak of their faith and their belief in equality. We will also work with them to expand our volunteer base.”
And, we must remember that all politics are local. Efforts such as those who continue the boycott of the Manchester Hyatt after Doug Manchester donated $125,000 to “Yes on 8” continue to be important. After all, it is estimated that Manchester has lost more than $7 million because of the boycott. Perhaps his pockets won’t be so deep next time the Mormons come calling.
There are more than 100,000 same-sex households in California, and an overall estimated 1 million GLBT individuals living in California. We must each and everyone become the face of the cause for equality. We must each and everyone become the voice for justice. We must each and everyone join together in unity to secure the most important civil rights of the 21st century: marriage equality and equal protection under the law fwor all GLBT individuals.
Some may ask us, as we are tired and weary after a bitter defeat, “Why do you keep pushing and pushing?” To this, we must respond with our heads held high, “Because if not us, who? If not now, when?”
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