I was among those who celebrated last year’s landmark ruling by the California Supreme Court that banning same-sex marriages was unconstitutional. Moreover, I expressed my hope for the national impact this ruling would have as follows:
Now, let us hope that old judicial proverb holds true, namely: as goes California, so goes the United States.
[Same-sex marriages now legal in California, TIJ, May 16, 2008]
Unfortunately, my hopes were dashed in November when Californians shocked the nation by voting “YES” on Proposition 8 – an amendment to the state constitution banning same-sex marriages. This nullified the court’s earlier ruling.
Then, somehow, supporters of same-sex marriages became vested with the misguided hope that the Court might rule Proposition 8 unconstitutional. But, as a lawyer, I knew better. This is why I was not at all surprised on Tuesday when the court was obliged to uphold the ban.
In fact, the only way for gay marriages to become legal in California, again, is for supporters to launch their own ballot initiative to pass yet another amendment to the state constitution. But it behooves supporters of such an initiative, not only in California but nationwide, to understand that key to passing it is getting blacks to appreciate the categorical imperative of fighting for gay civil (or equal) rights today the way many whites fought for black civil (or equal) rights during the 1960s.
After all, the dark little secret is that far too many blacks (and Hispanics) are every bit as homophobic as right-wing Christian zealots, which they demonstrated in brazen fashion four years ago by voicing moral opposition to the ordination of gay bishop Gene Robinson:
What is ironic and, frankly, disappointing about this row [over the ordination of gay bishops] is that blacks are using the same perverse religious and cultural rationalizations to discriminate against gays that whites used to rationalize their discrimination against blacks not so long ago.
[Blacks rebuke Anglican Church for ordaining gay bishop, TIJ, March 8, 2009]
In this case, polling data indicated that blacks and Hispanics – who normally vote Democratic Party values (which includes gay rights) – voted with Republicans to pass Proposition 8 by a relatively slim margin of 52-48 percent. Therefore, if Democratic Party organizers had spent more time helping blacks and Hispanics get over their homophobia instead of pretending it does not exist, I have no doubt that Proposition 8 would have been defeated by a relatively comfortable margin….
Meanwhile, same-sex marriages are legal in only 3 of the 50 states: Massachusetts, Connecticut and Iowa, and legislation is pending in two others: Vermont on September 1 and Maine on September 14.
It should be noted, however, that many states, including California, have domestic partnership laws. These laws generally accord gay couples the same rights and privileges as spouses in heterosexual marriages.
This means that the ongoing legal/political fight in California pertains only to the equal right of gay couples to be issued marriage licenses instead of domestic partnership certificates.
A minor point, perhaps; but it’s their right.
Related commentaries:
Same-sex marriages now legal in California
Blacks rebuke Anglican Church…
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