Emotion ruled triumphant when the California supreme court ruled to uphold Prop. 8. But at this point, the focus should be on convincing the majority that marriage equality is a just cause.
No sooner had the supreme court of California issued its 6-1 ruling last week upholding the constitutionality of the voter-approved Proposition 8 than gay activists called for mass protests across the country. As legal experts pored over the decision on the courthouse steps, hundreds of demonstrators directed chants of "Shame on you, Shame on you" at the court's justices, four of whom, it should be remembered, ruled last May that the state's constitution obligated the government to allow same-sex couples to marry. That the legal reasoning for the court's decision to uphold Proposition 8 might have been sound -- as the limiting of marriage rights to opposite-sex couples constitutes an "amendment" rather than a "revision" to the state's constitution and is thus subject to popular approval -- did not factor into these preplanned rallies.
Emotion ruled triumphant.
This is not to downplay the legitimate frustration and sorrow of last Tuesday. The anger of gays nationwide -- especially those in California, who saw their rights ripped away before their very eyes -- is understandable. And publicly expressing that anger, albeit peacefully and with respect for those with opposing views, serves as a useful reminder to the country's straight majority that gay people face serious burdens due to the lack of equal protection under the law. For too many heterosexuals -- especially those who do not count openly gay people among their family, friends, or coworkers -- gay rights are an abstract subject, something to vote on once every four years.
But at this point, gay rights advocates in California have the opportunity to fulfill the inevitable promise of their movement: Convince the majority of their fellow citizens that their cause is just and win equality with a resounding -- and democratic -- victory.
To see the silver lining in last week's court decision, it's instructive to weigh the costs of the ruling against its (perhaps, to some, utterly inconceivable) benefits. Let's start with the bad news: Gay Californians have lost the right to marry. That's disappointing, but there is an even chance that Proposition 8 will be repealed by 2010, and if not then, 2012. For a variety of reasons -- the increasing number of young people becoming part of the electorate, the slow acclimation of heterosexuals to gay people living normal lives -- the inexorable trend of gay rights issues is progress toward the equality position.
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James Kirchick, an Advocate contributing writer, is an assistant editor of The New Republic. This article is representative of the author's views and not those of Advocate.com.