Hullabaloo

Thursday, May 15, 2008

 
Basic Civil Right

by digby

It's a proud day to be a Californian:

California's Supreme Court today struck down the state's statutory ban on same-sex marriage, finding the state's constitution "properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples."

In a 4-3 ruling, the majority - with a 121-page opinion authored by Chief Justice Ronald George, joined by associate justices Joyce Kennard, Kathryn Werdegar and Carlos Moreno - found the fact that California law assigns a different name for the official family relationship of same-sex couples compared with the name for the official family relationship of opposite-sex couples "raises constitutional concerns not only under the state constitutional right to marry, but also under the state constitutional equal protection clause."

But that, unfortunately, isn't the end of the story. Kevin Drum explains:

... the initiative to strike down their ruling has already gathered over a million signatures and is just waiting for verification from the Secretary of State before it goes on the November ballot. It's 14 words long, identical to the wording of Prop 22 back in 2000: "Only marriage between a man and a woman is valid or recognized in California." This time, however, it's a constitutional initiative, not a statutory initiative, so if it passes it will be immune to court challenges.

Prop 22 passed overwhelmingly with 63% of the vote. Has 13% of the state decided to relax since then and allow gay couples to live in peace? We're about to find out.

This is one state where the huge youth turnout could really make a tangible difference in real people's lives immediately. If they come out in the numbers we expect in November, I believe we will defeat this on the ballot, no matter how many reactionary wingnuts get excited about it.

It's fitting that in an election year where we are dealing head on with all these issues of race and sex that we're going to have a showdown on gay marriage in the most populous state in the union. The chances have never been greater to defeat the forces of bigotry and discrimination. It's a risk, but there will probably never be a better time to take it. Bring it on.


.
digby 5/15/2008 10:41:00 AM