Prop 8 Court Decision Means It's Time to Get to Work

And the world came crashing down. Or at least that’s how it seems if you read the blogs and watch the news. The California Supreme Court ruled that Prop 8 stands, meaning the voter referendum outlawing the term “marriage” between people of the same gender is no longer legal in that state. While LGBT individuals, couples, and advocacy groups are up in arms, the damage was done a long time ago. This is the equivalent of suddenly losing a loved one but 6 months later breaking down crying when the tombstone is finally put in place. Prop 8 brought gay marriage in California crashing down last November, not yesterday.

What most people do not understand, because the media is not highlighting the legal principles of the case, is that this was a loser to begin with. The California Supreme Court’s decision was not about the substance of gay marriage. It was not about equal protection of the laws. It was not about discrimination. It was about whether or not the technical process of the referendum was followed for the particular type of change Prop 8 made. Yes, the same court ruled that the California Constitution provided equal marriage protection. But, yes, the California Supreme Court was not about the rule that a referendum to change the constitution that passed was invalid on a technicality.

So where does it go from here? Prop 8 needs to be overturned. But like all things that are worth having in a democracy, we need to convince people to vote to overturn Prop 8 in the next statewide election. Yes, it is more difficult and time-consuming than a few protests outside a court. But that was the way the California constitution constitution was designed. To make a change, convince people to vote for the change. The fact that we are right goes a long way to accomplishing that.

Following the California Supreme Court's decision today to uphold Prop. 8, which stripped same-sex couples of their right to marry, Equality California (EQCA) vowed to win marriage back at the ballot box. EQCA released the following statement as well as a memo to members and allies detailing its recommendations to return to the ballot in 2010.

Statement from Marc Solomon, EQCA's Marriage Director:

"Today's ruling is a miscarriage of justice. No minority group should have to defend its right to equality at the ballot.

"Despite today's setback, Equality California is committed to restoring the freedom to marry.  We believe, as do the majority of our members, that 2010 is the best time to return to the ballot to repeal Prop. 8. We must take full advantage of the momentum and commitment people now have to do the work required on the ground. However, we will make the final decision on when to return in collaboration with our coalition partners and allies throughout the state.

"We have already launched a mobilization campaign to reach more than 300,000 Californians in the next 100 days in places where we need the most movement-Los Angeles County, San Diego, Orange County, the Inland Empire, the Central Valley and Sacramento, and over the coming weeks we will expand our efforts with our partners and tens of thousands of volunteers.

"We do not underestimate the challenge of implementing a strong ballot campaign. Introducing ballot language is simple; winning an affirmative referendum on the freedom to marry will be difficult and expensive. But we have confidence that we can and will prevail.” (Pam’s House Blend.)

 

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