editorial
Do you want the good news or the bad news?
Published Thursday, 19-Aug-2004 in issue 869
Disappointment. Anger. Great sadness. These are some of the words local same-sex couples uttered when, on Aug. 12, the California Supreme Court ruled that San Francisco’s Mayor Gavin Newsom exceeded his authority when he granted marriage licenses to some 4,000-plus same-sex couples, including approximately 60 from San Diego.
The issue has awoken even the most complacent members of the GLBT community. For the first time, many of us have opened our eyes to gay rights issues in order to follow the same-sex marriage debate that continues to make front-page news. While the GLBT equal rights movement empowers activists to get involved, something about marriage equality really hits home with the community at large. It’s easy to understand why. From the time we learn to play house as children, we’ve envisioned our wedding day. Boys and girls alike stripping the curtains from our parents’ bedroom windows, creating make-believe veils as we walk up and down the hallway singing “Here comes the bride”.
Then, at some point in our lives, we come to accept this as merely a dream never to be realized. Until now.
As if out of thin air, same-sex couples from all over the nation began lining up at the altar in San Francisco when, on Feb. 12, Newsom ordered the city/county clerk’s office to issue gender-neutral marriage licenses. Gay men and women slowly began to believe that they too could stand up equally in front of their friends and family to announce their commitment to their partners. And then with a word from the Supreme Court, on Aug. 12, it all came tumbling down.
Despite the disappointment reverberating through the GLBT community, the high court’s ruling has bolstered us to push hard on this issue and finish what was started. We’ve tasted “what could be” and are not about to give up now.
Is the court’s decision to void same-sex marriages a major setback for marriage equality? For the most part, the ruling was expected. Knowing there was a high probability that the marriages would be nullified didn’t do much to lessen the sting, but it’s not defeat. From the very first gender-neutral marriage license Newsom granted (to longtime activists Del Martin and Phyllis Lyon, who have been a couple for over 50 years) up until the Aug. 12 ruling, the issue of same-sex marriage has been brought to the forefront, forcing discussion and debate around the globe. No matter how many “Will and Grace” reruns you play on the WB, you couldn’t buy that kind of publicity, or spread that kind of awareness. Furthermore, The California Supreme Court did not rule on whether the state’s prohibition on same-sex marriage violates the state constitution, only on Newsom’s authority to issue gender-neutral marriage licenses.
So the fight goes on. Woo, et al. v Lockyer, which seeks to secure legal same-sex marriage, is being heard in San Francisco Superior Court and is expected to reach the Supreme Court within two years.
There is also AB 1967, the Marriage License Non-Discrimination Act, which seeks to amend the state family code to define marriage as between “two persons” instead of between a man and a woman and it will go to the desk of Governor Arnold Schwarzenegger if it passes the State Assembly and Senate. We do not know at this point how Schwarzenegger will vote on the bill; he has been extremely vague on the issue, saying, “I think right now our law says that we don’t accept same-sex marriage… if people change their minds, then so be it. If the courts change their mind, then so be it. Then we will follow those laws.”
It is also unclear whether Democrats have enough votes to override a veto from him, but it will be a good sign if the bill even makes it to his desk; the bill’s passage through the Legislature (often) reflects the will of the people, and Schwarzenegger has said he’ll follow their lead.
Another positive externality of the marriage equality movement is, ironically, the overwhelming conservative support for same-sex civil unions. Not long ago, the nation was divided as to whether same-sex couples should be granted domestic partnership benefits. Now, at a time when GLBT’s seem close to obtaining the right to marry, conservatives are more than willing to support civil unions in the name of preserving the institution of marriage. This, my friends, is called progress. As civil unions become mainstream, the notion of same-sex marriage will become increasingly expectable.
To all the couples that went to San Francisco and obtained their marriage license, you have not been defeated. Aug. 12 has not changed the commitment you have made to your partners, or the importance of the statement you have made on behalf of GLBT community. Your actions have set into motion the inevitable and rejuvenated the dream that we will all, one day soon, reap the legal benefits of walking down the aisle.
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