*Hard Times In Babylon- The California Supreme Court Gay Marriage Decision

Click Title To Link To California Supreme Court Gay Marriage Decision Article

Commentary

The result of the California Supreme Court's decision on the validity of Proposition 8 banning gay marriage in California is in. Not good, for sure. Moreover, as I pointed out in a recent commentary, until states like California get it right then while the tide is turning for the better on this important democratic question it will continue to be a rather "New Englandish" kind of right (No, I haven't forgotten Iowa). I have reposted that commentary because it really makes the key points that I want to make on this issue.

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*Another Small Victory For Gay Marriage Rights-Vermont Legalizes Gay Marriage With Veto Override

Here are a few paragraphs from the Associated Press report of April 7, 2009 on the Vermont legislative actions that legalized gay marriage in that state.

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MONTPELIER, Vt. — Vermont on Tuesday became the fourth state to legalize gay marriage — and the first to do so with a legislature's vote.

The House recorded a dramatic 100-49 vote, the minimum needed, to override Gov. Jim Douglas' veto. Its vote followed a much easier override vote in the Senate, which rebuffed the Republican governor with a vote of 23-5.

Vermont was the first state to legalize civil unions for same-sex couples and joins Connecticut, Massachusetts and Iowa in giving gays the right to marry. Their approval of gay marriage came from the courts.

Tuesday morning's legislative action came less than a day after Douglas issued a veto message saying the bill would not improve the lot of gay and lesbian couples because it still would not provide them rights under federal and other states' laws....

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Commentary

Full Marriage (And Divorce) Rights For Gays And Lesbians In Every State!

As I noted just last week in this space (see “A Small Victory For Gay Marriage Rights- The Iowa Case”, dated April 4, 2009) I have, more often than I would like, noted that on some key democratic questions, here the question of equal access to the marriage bureau for gays and lesbians, we get help from some unlikely sources. As always though, we will take our small but important victories anyway we can get them. In that case it was the Iowa Supreme Court doing yeomen’s work on this issue. Here, in the Vermont case, it is the state legislature that has provided the impetus.

That is indeed unusual as most legislative action has been going in the opposite direction. This has allegedly reflected the social opinions and political desires of the so-called ”silent majority” of heterosexual marrieds who are assumed to feel threatened by opening the marriage bureaus to gays and lesbians, including those here in Massachusetts. Here, unsuccessful attempts were made to override the Massachusetts Supreme Judicial Court’s landmark decision by calling a constitutional convention as the prologue to initiative action like California’s successful efforts to put the issue before the voters. The Vermont decision may not have the same political impact as the Iowa decision as it may seem to be seen as reflecting some exotic New England quirk but the legislative action should nevertheless not be underrated for its value as precedent. In short, a good talking point for further actions as the struggle heads to other states.

As I also mentioned in that Iowa commentary in discussing this issue the core location of the struggle for the democratic right for gays and lesbians to have access to the marriage bureaus now appears to be in the states. The highest courts of three states (Massachusetts and Connecticut, along with this recent Iowa case) and a now overturned fourth, California, have held that such restrictive marriage regulations are unconstitutional in their unequal application and do not serve any rational governmental purpose. Although this represents a small minority (and here is where the initiative defeat in California in November 2008 really slowed down the momentum) there is something of a “snowball” effect to these kinds of judicial decisions as other state supreme courts now have some precedents to hang their hands on. But as I said then that is for later. For now though, another small victory goes into the books. As always our slogan remains- Full democratic rights for gays and lesbians, for the full rights of marriage (and divorce) to all. Everywhere.