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The last five years have been a wild ride for gay and lesbian Americans. There was euphoria in 2003, when the U.S. Supreme Court struck down sodomy laws in Lawrence v. Texas and the Massachusetts high court mandated gay marriage. But those celebrations were tempered by the crushing disappointments a year later when a slew of states approved constitutional bans on marriage. Then the New York and Maryland high courts — in sometimes harshly written opinions — rejected arguments for marriage rights. And now the California Supreme Court has finally weighed in and the exhilaration is back. In a 4-3 ruling, the court affirmed the right of gay couples to marry and to access the myriad state benefits of marriage. It’s not just a legal victory bringing new rights and obligations to deserving couples. It’s an affirmation that our relationships — our love — is every bit as important and legitimate as any straight couple’s. This decision is an earthquake for the gay rights movement, an instant game-changer. Now, suddenly, more than 35 million Americans live in a state where the high court has said gay couples deserve the right to marry. It’s the largest state in the country and, as such, a trendsetter. There’s simply no overstating the importance of this day. Those of us living in places where marriage rights are not available to gay couples can take some solace in the brave and inspirational words of the justices writing for the majority in California. Their language comes in stark contrast to rulings elsewhere, like New York and Maryland. Judge Glenn Harrell penned some of the most offensive language on the subject of marriage in his Maryland opinion. “Appellees point neither to scientific nor sociological studies, which have withstood analysis for evidentiary admissibility, in support of an argument that sexual orientation is an immutable characteristic,” Harrell wrote, arguing that being gay is a choice. And if that weren’t offensive enough, he added, “We agree that the state’s asserted interest in fostering procreation is a legitimate governmental interest.” Let us instead celebrate the words of the California justices. “We conclude that retention of the traditional definition of marriage does not constitute a state interest sufficiently compelling, under the strict scrutiny equal protection standard, to justify withholding that status from same-sex couples,” according to the majority opinion. The case for marriage was never a slam-dunk in California, despite the legislature twice passing a marriage bill and the state’s liberal reputation. The case goes back to 2004, when San Francisco Mayor Gavin Newsom directed the clerk’s office to issue marriage licenses to same-sex couples. He was pilloried in the ensuing media firestorm and blamed by some gay rights activists for igniting a backlash against gay rights. Even now, four years later, state voters may be forced to decide the issue via ballot initiative in November. Gov. Arnold Schwarzenegger, who twice vetoed marriage bills, more recently announced that he would oppose an anti-gay ballot measure. But it looks likely that the ban will appear on the ballot. Supporters of the effort gathered the 1.1 million signatures needed to bring the issue to voters. California voters could still invalidate today’s ruling — and any marriages entered into by gay couples. Stopping this amendment effort is now priority No. 1 for gay activists and gay rights supporters everywhere.
Congratulations and kudos to the brave plaintiffs in California, who sacrificed their privacy to fight for equality. And congratulations to the legal team that argued the case and to the activists and politicians who have been laying the groundwork for this happy result for years. No doubt, Sen. John McCain’s advisers from the Karl Rove School of Politics are already hard at work devising a way to use the ruling against Democrats in November. But that ship has sailed and the American public has indicated since 2004 a desire to move past this issue and to focus on war, the economy, health care and other pressing domestic concerns. Voters will not be so easily swayed by the GOP’s cynical use of gay marriage as a wedge issue this year. It’s 2008, not 2004 and, as Sen. Barack Obama’s campaign has so vividly demonstrated, voters crave change and not a return to the politics of division. The California ruling will help some of those cautious Democrats come out of the closet in their support for marriage rights. Already this year, we’ve seen DNC Chair Howard Dean and former Vice President Al Gore publicly endorse same-sex marriage. Can Obama be far behind? But today is not a day for politics. It’s a day to celebrate. Not just the massively important win in California, but the arrival of a new day in the gay rights movement for the entire country. Americans are sometimes slow to do the right thing, but today we take a giant leap in the right direction. A new generation of gay kids will grow up knowing that many of their fellow gay citizens are legally married. It’s a foreign vision to those of us who grew up in the 1970s and 1980s, when AIDS cast its smothering shadow. Today’s court ruling means we must all adjust our view and look forward to the inevitable day when gay citizens of this country will stand on a level playing field — when the law will finally treat us equally and our relationships will be valued and recognized. Thank you, California!
 Posted by Kevin Naff,
Washington Blade Editor | May. 15 at
1:31 PM | knaff@washblade.com
Permalink: http://www.washblade.com/blog/index.cfm?blog_id=18304
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