Update on Prop 8
Three states voted to ban same-sex marriage on Tuesday, the so-called night of change. Most bloggers and pundits seem focused on California's approval of this ban, perhaps because same-sex marriage was legal for a few months. In the comments on my previous post about the issue, Robert asked, "What happens to the marriages that have already taken place in the event that prop 8 is passed?"
Most news outlets are reporting that Proposition 8 has passed and LGBT rights organizations are working on the assumption that it has passed. The ACLU, Lambda Legal, and the National Center for Lesbian Rights have filed suits with the California Supreme Court asking them to nullify the proposition. Essentially they are arguing that the process was flawed on a number of levels.
California NOW has a two-part series on the proposition's passage. The first focuses on the legal challenges, but the second part reveals that Attorney General Jerry Brown says that he will honor marriages already performed.
Yet nothing seems to be decided at this point. Ellen & Portia and others' marriages could be voided and the thought of that is heartbreaking to this hopeless romantic. Sometimes these propositions are written purposely in a vague manner (anti-affirmative action ones are called equal right bills, for example) so perhaps there is something in the vagueness that will allow for the courts to toss it. CA NOW is being quite optimistic about the situation: "We're making history here, folks. Today, Prop 8 feels like a defeat. In ten years, it will be a footnote."
Thanks for the question, Robert.
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Incidentally, I found this blog post about Milk, the new Gus Van Sant film about the gay politician from SF, Harvey Milk, that does a great job of simultaneously alerting readers to the status of Prop 8 and plugging the film.
It's ironic, in a way, that Milk was released just before all this back-pedaling in California began. On the one hand, we're really moving forward: we have a black president, the government will (hopefully) start controlling the egregious wealth on Wall Street a bit more, and a major film studio (Focus Features) and star (Sean Penn) just released a film about a gay politician.
So what's with the going backwards, California?!
Forgot to include the URL for the blog entry. Here it is:
http://www.firstshowing.net/2008/11/05/gus-van-sants-milk-has-just-become-so-much-more-relevant/
Going backwards? I see this as a huge victory against the moral decline of our culture. Now that the people have spoken, why can't the homosexual activists accept democracy? This is what the people wanted...no matter what the celebrities or Hollywood has to say.
That is a remarkably complex question. The language of Prop 8 does not include any explicit retroactivity but insofar as it would deny same sex marriages regardless of where or when performed, there is an argument that it revokes the prior marriages. Ultimately the question will have to be decided by the California courts, the same courts that ruled that the California Constitution requires marriage equality. Most legal authorities believe that the existing marriages will be upheld, as does Jerry Brown, the State Attorney General.
As for RGuerra, I would recommend that you check out the following link:
http://www.youtube.com/watch?v=hnHyy8gkNEE
The Holberman spot is compelling, but I worry that he gets a little too preachy at points to sway the supporters of Prop 8.
But a few things are worth repeating:
One, this is not about moral decline, it's about giving everyone an equal chance for the exact opposite -- the chance to spend a lifetime committed to one person under the full blessing of the church and the law.
Two, who said all the people fighting Prop 8 are "homosexual activists"? Holberman isn't gay, and neither am I. But should that even matter? This isn't about who's gay and who isn't, but who deserves the stability and sanctity of our institution of marriage. Who has the right to deny another adult that right?
I challenge anyone who's against Prop 8 to come right out and say this: "I believe that I have the right to deny another man or woman the right to commitment and legal recognition of that commitment. I am morally superior to them."
Obviously I meant "anyone who's FOR Proposition 8," not against it.
Nice post!