In a much anticipated (or dreaded) ruling, the California Supreme Court announced this morning that it is upholding the "voter approved" amendment to the state constitution that bans same-sex marriage. The only solace in this ruling is that the Court also ruled that the 18,000 same-sex marriages that occurred between the May 2008 ruling that legalized same-sex marriage and the passage of Proposition 8 on 4 November, 2008 will be recognized as legal marriages.
It is shocking that a state considered by many one of the most progressive in the union, leading the way for the nation in the cause for equal rights, would or could pass a ballot proposition which is so clearly designed to deny its citizens basic civil rights. The decision could be construed as ironic, even, considering California history: In 1948 California was the first state in the nation to lift the ban on interracial marriage.
Decades before same-sex marriage was to come to the national political stage, Californians voted down the 1978 Briggs Initiative. This initiative was known as Prop 6, and was ballot measure attempting to prevent queer people and their supporters from teaching in the California public school systems. The charge to defeat this initiative was lead by Harvey Milk, the first openly gay man to be elected to public office in California.
It was thought that the decision to legalize same-sex marriage recently issued in Iowa, Vermont and Maine would positively affect the California Supreme Court's ruling. Sadly this was not the case, as the Court upheld Proposition 8 in a 6-1 decision, stating that it is the right of the voters to substantially change the language of the state constitution via the initiative process.
Proposition 8 only passed by a 4.6% margin; and, is hardly considered the "will" of the California voters. LBGT activists were prepared for today's decision and are mobilizing to return this issue to the ballot in either the 2010 or 2012 fall election.
Matt Coles, the ACLU Director of the LGBT project, issued a video statement via the ACLU website this morning. Says Coles, "We're going to keep fighting to get rid of Proposition 8 because this is about a fundamental American value: The right all of us have to live our lives as we see fit without having someone else's morality imposed upon us."
While today's decision is extremely disappointing, it is important that those opposing Proposition 8 not get mired down in mourning the loss; as the most concrete way to repeal this decision is to educate voters and appeal to their sense of equity, asking them to join the fight to restore equal rights to all Californians.
For more information on how to become involved in the fight to have Proposition 8 repealed, please visit our friends:
The American Civil Liberties Union
The National Gay and Lesbian Task Force
GLAAD
The National Center for Lesbian Rights
Image from Slate.