Why is this hard to grasp? Via Fritz Liess @ Flickr.
Depending on how consumed you all have been with trying to find or keep a job these days, handle personal stuff (I’ve two birthdays and a death in the family this week), and live sanely in a world that wants you to hate yourself, you might not be up on the latest news about Proposition 8, the California measure that was passed in November, which amended the state’s constitution to read “only marriage between a man and a woman is valid or recognized in California.”
To which I say a hearty “Bite Me, Bigots.” (You may be unsurprised to learn that gi-gundo asshole Ken Starr–yeah, that Ken Starr–is the lawyer for the hate group that sponsored the original measure, “Protect Marriage.”)
Aaaaaaaanyway, yesterday, the Supreme Court of California met to discuss the constitutionality of Prop 8, and according to both this San Francisco Gate article and this one from the New York Times, it’s looking rather bleak. Of course, the discussion has only started, and the state justices have 90 days to issue their ruling.
The question as it currently stands is at least two-fold: 1) whether Prop 8, banning marriage between same-sex couples, is constitutional (which, since there’s that whole “equality under the law” thing, seems like a big DUH, NO) and 2) whether the unions of 18,000 lesbian and gay couples who were legally married before Prop 8 was hustled in by the stupid and/or hateful will still be valid. There are larger legal issues, of course, about “the will of the people” to enshrine what is inarguably discrimination into law, and whether the state should be in the business of marriage at all, too.
I’ll be keeping an eye on this issue as it progresses. Even if Prop 8 is upheld, this battle ain’t over. There are a lot of good resources at that SFGate link, if you wanna do some catch-up reading. Also, if you wanna get a little sniffly on a Friday, allow me to suggest this video (link below if it doesn’t work):
I would like a t-shirt that says “Bite Me, Bigots.” I have so many occasions where it would be just the thing…
I’m really on pins and needles over this…it seems incomprehensible to me that something so patently unfair could be upheld by the court–esp. as it’s the same court that earlier ruled that gays do a have a constitutional right to legal marriage. And yet…
Prop 8 is also a shining example of why “states’ rights” is a FAIL. In my home state, for example, the concept of states’ rights is sacro-sanct, thanks to fellow Virginian Thomas Jefferson. Yet in nearly every case where people squealed for states’ rights over federal rights, it was because they wanted the right to do something awful: enslave people, segregate, prevent interracial marriage, keep homosexuality illegal, etc. States’ rights is a cover for “I wanna oppress people and so do my neighbors, so fuck off, Federal Government.” California doesn’t have the same history as Virginia, but they’re learning this lesson the hard way.
Oy, states’ rights. I thought about going there, but…oy. On that front, though, relative to but not about Prop 8, is this article from Slate about where the rubber is going to meet the road if we keep playing this “states’ rights” game around the issue of marriage equality.
I’m so torn on states rights. On the one hand, like Becky said it so often is a tool for bigots to pass laws that will only stand in their bigoted communities. However, because of states rights there is legalization of medical marijuana not to mention (prior to Roe) legalized abortion. Sometimes states can be the proving grounds for progressive issues that aren’t yet mainstream enough to get federal consideration, i.e. right to die.
@bluebears: See, that’s where I’m conflicted too. Because you could potentially strip the more liberal states of their enlightened policies, like gay marriage in MA and CT or legalized pot in CA. I just twitch reflexively when I see anything about states’ rights because I’ve always heard it used to defend bad things (this is likely because my family has lived south of the Mason-Dixon for nearly 400 years).
becky: yeah, living in VA I could understand it having much more of a negative connotation. I said it on Jezebel and honestly I don’t think the gay marriage “issue” will be fully resolved until the Supreme Court weighs in ie. Lawrence v. Texas. Hopefully we can keep the Court relatively moderate until a test case can make its way up there.
If I was living in California right now I would be on the edge of mob justice, for real. What kills me is the pro-Prop 8 crowd has NO.ARGUMENT. None. I mean, besides, “the majority of Californians voted for it” the ONLY thing I have ever heard anyone say is the nonsensical, circular and solipsistic statement “marriage is between a man and woman.” No why, just, it is. Because I say so. And then they act all HURT when their businesses are boycotted by it? Sorry bigots, that’s democracy too.
That video makes me cry. I don’t get why everyone says that Prop 8 has such a slim chance of being overturned. It seems pretty clear to me that it should be.
I live in CA and I am somewhat optimistic about this. The judges are sounding skeptical but that doesn’t mean they won’t vote it down. The majority of Californians are still for equality, they just barely got edged out by more anti-voters in Nov. Many in the complacent majority are now galvanized to get rid of this embarrassment to our state. The battle will go on.
Like HanaMaru, I live in CA (a friend of mine actually works on the Courage Campaign, and basically put together that video, which makes me so proud!). I was so burned by being optimistic in November, though, that I’m reluctant to get my hopes up now. And JD, I think that if the court upholds Prop 8 there will be riots. It always shocks me to encounter anti-equality assholes here in SF, but they exist. I witnessed a bigot almost punch my friend in the face simply for cheering when an anti-Prop 8 protest passed by on the street. I think that the mood in November was tempered by Obama’s win. If this asshaberdashery continues, I’m convinced there will be serious violence.