*Down With The California Same-Sex Marriage Ban ( Proposition 8)!

Click On Title To Link To July 2, 2009 "New York Review Of Books" Article Entitled "The Same-Sex Future" By David Cole That Gives An Update On This Struggle And A Capsule Of The Various Positions On The Issue.

Commentary

Sometimes the fight for a simple democratic right is not so simple. Moreover, sometimes it’s kind of messy when the issues get drawn up to the razor’s edge like the hot-button question of same-sex marriage. That is clearly the case with the recent electoral victory of Proposition 8 by a slim majority in California. That proposition, placed on the ballot after the California Supreme Court earlier this year correctly held that the ban against legalization of same-sex marriages was a denial of equal protection under the state constitution, has now embedded inequality into that constitution. Fortunately, there has been push-back on the part of pro-gay rights forces, both on the streets and in the courts.

Here is the part where it gets messy. In the normal course of events militants, as part of their fervent defense of democratic rights, are very much in favor of using initiative and referendum processes in order to get a hearing on particular issues. And, as a general premise, we still are in California and the other places where such procedures are in place. On this issue, however, we have a conflict. A basic substantial right-simply to get married- if the parties so desire. Against that, we have an inflamed, although possibility shifting majority, that wants to deny this right. The simple right trumps that inflamed desire to deny the right. Case closed. Now that may not accord with the beauties of democratic theory, such as it is, but there you have it. In a class-bound society, driven many times by irrational or thoughtless politics, we do not always get to choose our issues or have them presented by others in a manner that we can uphold. This should be one of my classic “no-brainer” issues. Oh well, our day will come.

In these quarters it is not clear whether the California Supreme Court will uphold its own correct initial impulses and strike down the amendment. (There is a legal question on the procedure followed by the Proposition 8 initiators about whether the matter should have been brought before the legislature first and then placed on the ballot or whether it could be placed directly on the ballot- the ‘amendment vs. revision’ argument). That is nether here nor then for our purposes. We, as always, will use the courts as best we can without having any illusions that justice will out. What is more important is to continue that pressure in the streets to keep the issue public.

On that question it is noteworthy that one of the central targets of the California demonstrators has been the Mormon Church, a key backer of the proposition (the other being the Roman Catholic Church). I am always reminded of a poster at a pro-gay marriage demonstration here in Boston when the reactionary forces here tried to overturn the Commonwealth of Massachusetts Supreme Judicial Court’s gay marriage decision- Mitt (Romney, then governor of Massachusetts and subsequently a 2008 Republican presidential contender) Your Great-Grandfather Had Five Wives- I Only Want One! (The main Mormon Church group permitted polygamy until 1890.) That, my friends, says it in a nutshell. We defend either social arrangement and deny the state the right to interfere with those preferences. Down With California's Proposition 8 Ban! Defend The Right To Same-Sex Marriage!