editorial
Our hats off to Sanders for taking stand
Published Thursday, 21-Jan-2010 in issue 1152
One of the cardinal rules in politics is to never take it personally. Regardless of what “it” is.
But true leaders know that, on occasion and for the betterment of the people, rules sometimes must be broken. And sometimes, it is personal.
No one knows this better than our own Mayor Jerry Sanders, who testified this week at the federal case challenging Proposition 8.
To outsiders, a Republican mayor in a region where 80 percent of the “Yes on 8” votes were cast seems like an unlikely advocate.
But for those of us who have known Sanders, both as mayor and as the former chief of police, we know that he has been an ally of the GLBT community and has earned our respect during his tenure in public office.
Sanders’ real trial came during his last primary election when he came out in favor of same-sex marriage, after his daughter, Lisa Sanders, disclosed she is a lesbian. It was a news conference that left few dry eyes, and a whole host of conservatives crying foul.
Sanders won his primary, proving that there is room for tolerance in our city, regardless of party affiliation.
This week, he took that same hope to the federal court to argue, not only on a personal level, but also how supporting marriage equality is in the best interest of the local government and community. He will also testify about his decision to support the City of San Diego’s participation in an amicus brief advocating against the exclusion of same-sex marriage.
The case, known as Perry v. Schwarzenegger is the result of two couples, one gay male and one lesbian couple, filing suit in federal court arguing that it violates same-sex couples’ basic federal rights under the Equal Protection Clause of the 14th Amendment.
Both Governor Schwarzenegger and Attorney General Jerry Brown are named as defendants, along with a host of other public officials. The governor has deferred to the courts, thereby refusing to offer a defense, and Brown has long argued that Proposition 8 should not have passed, and has publicly declared it unconstitutional, thus giving the plaintiffs some support from across the aisle.
Therefore, the burden of the defense in this case is left to private citizens and groups to fund the legal case.
If all of this is sounding a bit surreal, well, it is.
Take the plaintiff’s attorneys for example. David Boies is one of the most prominent trial lawyers in the United States . He is most famously known as having represented Vice President Al Gore in the Bush v. Gore presidential election case.
Making for strange bedfellows, though, is his co-counsel, Theodore Olsen, who represented then-Governor George W. Bush during the stalemate of the 2000 election, and later became U.S. solicitor general under President Bush from 2001-2004. Olsen is considered to be one of the leading conservative lawyers in the nation.
Many believe that this yin-yang powerhouse on the plaintiff’s side will make it a sure bet to reach the Supreme Court.
Some groups have criticized the timing of the suit, even accusing Olsen of taking the case in hopes of losing. They are gravely mistaken.
“It’s hard for me to take that seriously,” Olsen says. “I’ve practiced law for 45 years and David [Boies] has a number of years under his belt too. Neither of us has ever been accused of taking a case to lose. We are going to win this case.”
Which is how we get back to our local ally, Mayor Sanders and his decision to personally testify in this case.
“I had been prejudiced,” he said. “I was saying one group of people did not deserve the same respect, did not deserve the same symbolism of marriage, and I was saying their marriages were less important than those of heterosexuals.”
Regardless of how personal Mayor Sanders may feel the issue, he also has a very real sense of how this case affects people on a governmental level, as well. As the mayor and former police chief, Sanders said, “If government tolerates discrimination against anyone it is very easy for citizens to do the same thing,”
History has indeed shown that government policies can affect people’s opinion and treatment of minority groups. Following Prop. 8’s passage, an increase in hate crimes against GLBT individuals were reported.
The Gay and Lesbian Times is proud to have named Jerry Sanders Person of the Year twice in the last decade, and we are proud to stand beside him as he takes the stand – both literally and figuratively – for marriage equality.
We encourage you to send your appreciation to the Mayor’s office at 202 West C Street, San Diego, CA 92101.
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