Friday, May 16, 2008

A Legal Victory for Same Sex Marriage in California

Commentary

Sometimes democratic rights victories come from the streets. Sometimes they come from the picket line. And sometimes, although rarely, they come from .... the courts. Well, these days we cannot be choosy, as we will take our victories, large and small, any way we can get them. That is the import of the 4-3 decision by the California Supreme Court on May 15, 2008 that declares discrimination against same-sex marriage as unconstitutional as a matter of state law. We should cheer, at least for the moment, as an important state court (one that others look to) joins Massachusetts on the East Coast in affirming this elementary democratic right. Of course the blow back has already started, as it appears that an anti-same sex constitutional amendment will be on the state ballot in November trying to deny that right. That is where those above-mentioned streets come into play again. More later.

1 comment:

  1. August 13, 2008

    Just a couple of observations to while away the summer doldrums.

    California Gay and Lesbian Marriage Vote

    Earlier this year the California Supreme Court held that, as a matter of state law, legislation on the books that discriminated against gays and lesbians on the question of the democratic right to marriage was unconstitutional. As in Massachusetts, there was furious backlash by various right-wing elements, some organized religions notably the Catholic Church, other usual suspects on this issue and the usual quota of married (or, as is usually the case, re-married) heterosexual types who can’t breath right if marriage is not defined in law, society and the eyes of god as the bonding of one male and one female human being.

    Needless to say, such groups have some resources and have enough wherewithal to have this issue placed on the ballot this November. As the presidential race in California is likely to be a walkover for Obama this fight may get more than its share of attention. At this point I am not sure how this initiative petition question will appear on the ballot so I do not know how to call the vote, yes or no(any help here?). In any case, we want to vote against the overriding of the court’s action down with both hands. Defend, extend the democratic right of gays and lesbians to marry (Markin adds -and good luck to them, they will need it. We are already starting to see gay and lesbian divorces in Massachusetts, just like heterosexuals).

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