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The (oft unknowing) tyranny of the majority

Rayman Mathoda - November 09, 2008

On May 15th, 2008 the California Supreme Court made a historic decision. They ruled that it was a violation of the equal protection clause of the California Constitution to not afford gay couples the right to marry – almost exactly the same ruling they had made in 1948 on inter-racial marriage (which was at the time not allowed in California). Between June 16th (the day gay wedding licenses started being issued) and November 4th, approximately 18,000 couples got married in California.

The evangelical right was having none of the above. They knew that if gay marriages were allowed to continue in California (a major cultural force in the USA, and a state with the 7th largest economy in the world)…it was only a matter of time before they would become be allowed nationallly. After all, this exact sequence had occurred on the issue of inter-racial marriage. 19 years after the 1948 California ruling noted above, in 1967 the US Supreme Court (in a famous decision Loving v. Virginia) made the same ruling thereby eliminating all barriers to interracial marriage in the USA.

So on November 4th just as racial discrimination was dealt a massive and perhaps final blow with the election of the first African-American President of the USA, Californians voted by a 52.5% to 47.5% majority to take away this fundamental right to marry from gay couples in the state. Ironically, the same voters made the correct decision to expand animal rights in California.

Anger and sadness have enveloped millions in California since Proposition 8 passed last week…and this issue is by no means settled. Here are the thoughts of one prominent Los Angeles lesbian and mother who is in a 22 year committed relationship. I should also mention she is Deputy Mayor for Housing and Economic Development Policy for Los Angeles…working tirelessly to create more affordable housing for the poor and disadvantaged. ray

Yes we Can! Reflections on Gay Marriage in California by Helmi Hisserich, Deputy Mayor, Housing and Economic Development Policy

On November 4th, Gays and Lesbians were pushed to the back of the bus. The vote to change California's constitution to ban same sex marriage was an act of prejudice against a minority group and a vote for second class citizenship. It is a sad irony that happened on the same day
that America voted for our first African American President. But it is also a reminder that the fight against prejudice is long and painful.

For the past 173 days I have thought about the meaning of marriage almost every day. I am a lesbian who has been in a relationship for 22 years. My partner and I have been faithful to one another, for richer or poorer, in sickness and health for more than two decades, but we have never had a wedding. We have been registered domestic partners since the law first allowed it in 1998, but that is definitely not the same as marriage. On my paycheck, my taxpayer ID says "single".

On May 15th, 2008 when the moderate Republican Supreme Court said the California Constitution guaranteed the right of same sex couples to be married, a sense of acceptance and equality came over me that was so powerful it I felt it deep in my bones. My God, I do have the fundamental right to pursue happiness in marriage with the person I love. This is what it means to live in a free country, this is the meaning of equality. My gay and lesbian friends all talked about it, especially those of us who are in long term relationships. We all felt we were being protected and accorded dignity under the law. It felt amazing. Prejudice is funny that way, when it is removed you realize
how accustomed you have become to being treated with less respect you deserve.

The 173 days between the California Supreme Court decision and the November election were painful. For me, it felt like a walk to the gallows. I know good people who are awkward and uncomfortable about homosexuality. I knew the yes on 8 campaign was playing on peoples fears. It made me sick to think that people by referendum could vote to take my rights away. In California you can change the constitution with a simple majority vote, but you need a two third majority to raise sewer fees. What kind of justice is that?

On election night, I was at the Music Box theater in Hollywood, which was the rallying place for the No on Prop 8 campaign. When Barack Obama was elected president, the place went wild. People were cheering and crying. We all understood the importance of this election. Many of us had worked on the Obama campaign as well as the No on 8 Campaign; donating time and money to bring about change. For an hour we felt jubilant beyond measure. But then the reality hit that our friends and neighbors had voted to eliminate our constitutional right to marry. The happiness faded.

The day after the election, my daughter came home from 6th grade and told me kids were saying gays and lesbians are disgusting. She said she felt like people hated our family without knowing us. That is what prejudice is, I told her, judging people without knowing them. But 50 years ago a black person and a white person could not get married, and today someone from an interracial family was elected the president. She asked if we could change the constitution back to what it was. At first my though wandered to the difficult struggle we face to gain acceptance, but as I looked at down at her shining face in her blue community organizer t-shirt, the future became very clear - "Yes we Can".

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Posted by Rayman Mathoda at November 9, 2008 11:17 AM

Comments

Hello Rayman

Even though the majority voted to discriminate this isssue based on their religious and gender beliefs it is still against our Nation's Constitution and from what little I understand of the law I do not think this can be upheld in any Court of law in any State.....

yes, folks are UNCOMFORTABLE with male, male, marriages and female, female, marriages but being uncomfortble with something and trying to deny it the right to exist in the eyes of the law, is, well, ultimately....an impossibilty...it cannot hold water.....Prop 8 is all bark but in legal terms it has absolutely no bite.....and, this, one, can take to the bank and it will pay interest, imo..


Interracial marriage is an excellent example of this fight....

Prop 8 is like watching toddlers tantrum because you have told them that they cannot stay at DisneyWorld, that, yes, it is time to go home.

ruth


"Through the Glass Darkly" by JeffLieber at Daily Kos:

"I'm not necessarily recommending this, but if the constituents in the *Republican* party in California were interested in overturning Proposition 8 (which outlawed Gay marriage) they would make the battle entirely a referendum on the main sponsors of the amendment, the Mormon Church of Latter Day Saints.

They would sponsor an alternative amendment entitled something like the "California Constitution and Self-Determination Act" and run ads that talked about an "outside religious group from Utah, with radical views such as polygamy, invested millions of dollars to change California's constitution in their image."

They would then go out of their way to highlight every "scary" and "out of the mainstream" aspect of the Mormon religion... the "special underwear"... "the golden tablets"... "the anti-traditional-religion bent, which contradicts the bible" and suggest this "cult" had come into "our state" in the hopes of making it more hospitable for them.

The *Republicans* would then try to conjure an image of mass migration of outsiders and ask, with ominous music, "are we really ready for California to become home to religious fanatics who don't share our values?"

Given the way Proposition 8 was passed, with images of downtrodden children being subjected to the "gay agenda" (and the tacit suggestion that rejecting Proposition 8 would force first-graders to watch gay-porn in class), turn-about might be fair play.

Now, the significant downside of this methodology is that it completely sidesteps the VERY REAL ISSUE that civil-unions are nothing more than the separate-but-equal, "colored water fountains" of marriage and at some point... and I think its now... we have to have a big bloody fight, mirroring the marches on Selma that establish, once and for all, that gay-rights are nothing more radical than CIVIL RIGHTS.

The significant UPSIDE to running a *Republican* campaign focused on the "Mormons" instead of "marriage"... it very well might work, pitting the very constituents that were convinced to cross over to support proposition 8 against its creators.

And at this point, I MIGHT settle for "work" if the alternative is California's version of anti-miscegenation laws for gay men and women."

Last week, six same-sex couples filed a petition with the CA Supreme Court to block the enforcement of Prop 8, citing the CA constitution's requirement that the fundamental rights of minority groups can only be eliminated if 2/3rds of the legislature votes to submit the change to the People or to a constitutional convention. Yesterday, more than 40 state legislators filed a friend-of-the-court brief in support of this petition. Via press release:

"The citizens of California rely on the Legislature and the courts to safeguard against unlawful discrimination by temporary, and often short-lived, majorities," said the legislators. "Our state's few deviations from this duty have proven, with the perspective of historical distance, to be the most abhorrent chapters in our State's history... The Legislative Amici urge this Court to prevent the momentary passions of a bare majority from compromising the enduring constitutional promise of equal protection under the law. Proposition 8's radical change to our constitutional protections cannot be considered a mere 'amendment.' The California Constitution -- 'the ultimate expression of the People's will' -- requires the involvement of the Legislature in a constitutional revision of this magnitude."


Arnold Schwarzenegger hopes Prop 8 will be overturned and urges opponents never to give up:

"Gov. Arnold Schwarzenegger today expressed hope that the California Supreme Court would overturn Proposition 8, the ballot initiative that outlawed same-sex marriage. He also predicted that the 18,000 gay and lesbian couples who have already married would not be affected by the initiative.
"It's unfortunate, obviously, but it's not the end," Schwarzenegger said in an interview on CNN this morning. "I think that we will again maybe undo that, if the court is willing to do that, and then move forward from there and again lead in that area."...

Today, Schwarzenegger urged backers of gay marriage to follow the lesson he learned as a bodybuilder trying to lift weights that were too heavy for him at first. "I learned that you should never ever give up.... They should never give up. They should be on it and on it until they get it done."

http://www.calitics.com/showDiary.do?diaryId=7478

and as Irvine pointed out in another thread:

"The LA County Board of Supervisors will meet Wednesday to determine whether they will join the effort to block Prop 8.

http://www.dailynews.com/news/ci_10928973?source=rss

They'll need three votes on the 5-member board. So far L.A. County Supervisors Zev Yaroslavsky and Gloria Molina are for it and Michael Antonovich is against. The other two votes are unclear."

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