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Home » In the News

Love is Love

Submitted by Mariel on August 5, 2010 – 4:14 PM

Wednesday, I cried.

I was sitting poolside, feverishly refreshing Twitter on my phone, waiting to see if Proposition 8 would be declared illegal, and (perhaps more poetically) see if there was still some sanity left in the world.

There is. 138 pages of sanity, actually.

prop 8 rally!!!

November 4, 2008, aside from electing President Obama, the State of California legalized discrimination against LGBT couples wishing to marry. This was done through a ballot measure, largely funded and advocated for by the Mormon Church and other conservative-leaning religious entities. Prop 8 declared that “only a marriage between a man and a woman is valid or recognized in California”.

Prop 8 not only nullified the legal marriages of same-sex couples in California, but also took away the rights and responsibilities that go hand-in-hand with said unions. These rights heterosexual couples take for granted, such as being able to visit their partner in the hospital without jumping through bureaucratic nightmares, and being able to jointly file taxes.

But it’s more than a tax cut and sick calls that were taken when bigotry won at the polls, it’s the dignity to say “Yes, I’m married. Yes, my union is recognized and protected by the United States of America”.

So what did we do? In good ole’ American fashion, we sued the State of California, stating that Prop 8 denied same-sex couples equal protection, as granted in the Constitution of the United States… and won.

Which is why I got a wee bit emotional yesterday. It’s been a long two years since Prop 8. And yesterday was a HUGE victory for any American who believes in equality.

However, the fight in California has not yet been won.

Prior to the announcement of the ruling yesterday opponents of equality filed and were granted a motion of temporary stay, preventing Judge Vaughn Walker’s decision from taking effect. In addition, proponents of Prop 8 are appealing the decision to the 9th Circuit Court of Appeals, and after, the United States Supreme Court.

Thanks to Judge Walker’s ruling, and pure fact, we are going to win this in the Courts. By listing 80 findings-of-fact in his opinion, such as how supporters of Prop 8 knowingly based their campaign on untrue stereotypes about the LGBT community, Judge Walker lays a strong case that is unlikely to be overturned at the Appellate level.

Prop 8 comes down to principle. Rights are rights. Prop 8 won in the polls because a majority was voting on the rights of a minority, and when that happens, the minority will almost always lose.  But that’s why they are called rights. They are not supposed to be voted on. They are granted to every single living being, regardless of race or gender or income or sexual orientation or religion or anything. Rights are the most precious thing given to us by the Constitution and can not be taken away by a vote.

In 1967, interracial couples were not allowed to marry. But the courts determined that “the essence of the right to marry is the freedom to join in a marriage with the person of one’s choice”. The same precident holds true today.

There is no gay exception in the Constitution.

Keep up the fight. Get involved. An army of lovers can never be defeated.