As expected the California Supreme Court has upheld the institutionalized bigotry of Proposition 8- the anti-Gay Marriage law. In somewhat of a split decision, one which defies my ability to reason, the court is allowing marriages which happened in the period when Gay marriage was legal in California to stand.
It looks like the ruling was made on fairly narrow legal grounds, with the justices attempting to side-step the larger ideological question. The fact remains that these jurists, in a 6-1 vote, upheld the right of the voters of California to legally discriminate against a segment of the population.
One certain result from this is a lot of work for lawyers. The mixed nature of the ruling opens up many possibilities for suits, on both sides of the issue. Full employment for lawyers!
A pro gay marriage website reads, ’No Civil Rights Struggle Has Ever Lost,’ which while heartening, doesn’t ring true to me. Inequality in basic civil rights still runs riot throughout the world, despite universal struggle for equality.
Rights are not granted, they are won. Those who wield power over others cling to it with unrivaled jealousy. It must be wrested from their clutches by concerted struggle.
All in all the struggle is winning. I have little doubt that if my 16 year old daughter wants to marry a woman someday, she will be able to- here in California, in my home State of New York- and possibly in every State in the US.
The tide of public opinion is strong and clear: equality will win out in the end- but we should not rely on the courts or the next Governor to ensure basic equality- we must force their hands- through sustained, concerted, grass-roots organizing.
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