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The Upside of Prop. 8

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 That's disappointing, but there is an even chance that Proposition 8 will be repealed by 2010, and if not then, 2012.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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Reader Comments
  • Name: SFNative
    Date posted: 6/10/2009 6:03:00 PM
    Hometown: San Francisco

    Comment:

    Roger Burr, I agree with you one million percent. Rosa Parks didn't ASK to sit down where she sat on the bus, she sat where she sat no matter what. You don't ASK for your rights. You FIGHT for them.

  • Name: Roger Burr
    Date posted: 6/6/2009 4:30:00 PM
    Hometown: Marble Hill, MO

    Comment:

    A well written, but ultimately baseless argument. Peoples RIGHTS are just that; RIGHTS! They are not now, nor should they ever be, something to be granted or rescinded at the whim of the electorate. I disagree with the 'let's wait and see' stratagem he puts forth. If that argument held sway, Dr. King should never have marched in Selma, and Rosa Parks should simply have given up her seat on the bus. We are in a war for our rights and that war will not be won by acquiescence. We will ultimnately need an LGBT version of the 'Brown-v-Bd. of Ed' decision to win our rights at the national level. In the interim; to simply lie back and allow the bus to run over us, will only serve our enemies.

  • Name: Don Charles
    Date posted: 6/4/2009 12:31:00 PM
    Hometown: Kansas City

    Comment:

    Why does it not surprise me that a retrograde pundit like James Kirchick would advocate for Gay people putting the Constitutional rights up for public vote? The same James Kirchick who defended Rick Warren's bigotry! Beware of treachery whenever you see his byline.

  • Name: chin
    Date posted: 6/3/2009 7:06:00 PM
    Hometown: seattle

    Comment:

    Oops. Edit to say they have passed or proposed bans in 30 states... The anti-gay marriage states still outnumber the pro-gay... popular opinion will not outrank high court ruling. Just look at DADT and how long its taking to do away with that.

  • Name: chin
    Date posted: 6/3/2009 7:03:00 PM
    Hometown: seattle

    Comment:

    I'm shocked supporters of same sex marriage assume we have the luxury of waiting around for the younger generation to vote in our favor. There is a fight on RIGHT NOW escal,ating to the Federal level, ready or not. The anti-gays are not sitting idly by while popular opinion moves away from their views. Federal appeals are a definite part of their strategy (DOMA). They have fought and won MOST of the bans, tooth and nail and if we they beat us to the federal court while we sit on our thumbs, that 1 to 3 years wait could easily turn into 20 or 30. The anti-gays have passed legislation banning gay marriage in 30 states. We have 6 or 7. It takes 38 states to constitute a 2/3rds majority. We're still in the woods, kiddos.



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