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| Court OK's California's Prop 8;
rally/protest march in Seattle |
by Shaun Knittel -
SGN Staff Writer
California's Supreme Court upheld the state's Gay marriage ban on May 26 in a 6 - 1 decision written by Chief Justice Ron George, leaving the Lesbian, Gay, Bisexual, and Transgender (LGBT) citizens of California angry and activated.
The California Supreme Court based its decision on three considerations: if the initiative was a constitutional amendment or revision, the validity of the initiative process itself, and if Proposition 8 itself is retroactive, applying to existing same-sex marriage.
The court rejected arguments that the ban approved by Californians last fall was such a fundamental change in the California Constitution that it first needed the Legislature's approval. In their 136-page majority ruling, the justices said it is not their job to address whether the ban is wise public policy, but to decide whether it is constitutionally valid, while "setting aside our own personal beliefs and values."
The 18,000 same-sex couples married in California when Gay marriage was legal in the state were told that an amendment is not retroactive unless it is clear that the voters intended it to be, and that was not the case with Proposition 8. This ruling was decried by Gay-rights activists as a hollow victory.
The court said that while the ban denies Gay couples use of the term "marriage," it does not fundamentally disturb their basic right to "establish an officially recognized and protected family relationship with the person of one's choice and to raise children within the family." California still allows Gay couples to form domestic partnerships.
Immediately following the decision, demonstrators outside the San Francisco courthouse booed, wept and yelled, "Shame on you!" A group of people held hands in a chain around an intersection in an act of protest. The San Francisco police department arrested more than 150 protesters with citations for failure to obey a police officer and jaywalking. In Los Angeles, nearly 100 protestors rallied outside the Los Angeles County clerk's office, where marriage licenses are issued, waving rainbow flags and carrying signs that read, "Repeal Prop 8 in 2010."
Gay activists across the state said they would go back to voters as early as next year in a bid to repeal the ban. LGBT organizations and Gay-rights activists accused the court of failing to protect a minority group from the will of the majority. The justices argued that the state's governing framework gives voters almost unfettered ability to change the California Constitution.
Justice Carlos Moreno, who had been under consideration as President Barack Obama's nominee to the U.S. Supreme Court, was the lone dissenter, saying, "Denying same-sex couples the right to wed strikes the core of the promise of equality that underlies our California Constitution. It represents a drastic and far-reaching change."
Justice Moreno went on to say, "Promising equal treatment to some is fundamentally different from promising equal treatment for all. Promising treatment that is almost equal is fundamentally different from ensuring truly equal treatment."
Locally, a protest and rally was held at Westlake Center in downtown Seattle the night of the decision. Organized by Day of Decision Seattle, the event brought together dozens of local LGBT civil rights groups and a crowd estimated at 1,200. Demonstrators carried signs, waved rainbow colored flags, and with the help of the Queer Ally Coalition cheered, "Gay, straight, black, white, marriage is a civil right!"
"All American citizens that are law-abiding citizens should be treated equally," said Karl Derrick, who came to the Westlake protest to show support. "What the court did today was show all minority groups in California that if the majority believe something, then there is nothing that stands in the way of even taking away a civil right, which is what they've done today."
Another supporter, a 19-year-old University of Washington Lesbian who wished to remain unnamed because she is not out to her parents, said, "I'm not too surprised by the decision today. Still, I am hopeful for the future. With each passing year, we gain more and more supporters of Gay marriage. History is already on our side, we just have to hold up our end of the bargain and continue to fight for equality."
The crowd had many faces and age groups. The hundreds of people who filled Westlake Center were a virtual collage of Washingtonians rallying for change.
Gavin Smith, 7 years old, held up a sign that simply read, "Love Will Win." Gavin's mom said the boy was there with her to show support for Gay relatives in their family.
Olivia Hall, a 13-year-old who identifies as a Lesbian, said, "I really was not surprised by the decision today. People aren't very accepting at this point - I wish everyone could be happy and get married." Olivia's mom, Lori Dahl, quickly added, "No matter who you are." The mother and daughter duo have attended many rallies and protests since Olivia came out as a Lesbian.
Not everyone in the crowd was LGBT. A good number of the community's straight allies were on hand, like Linda Massey, who said, "I was so upset by the ruling today, it broke my heart. I have so many good friends who are LGBT, I just had to come here and show support today. I had to show that not all of us think that marriage should be just between a man and a woman."
The event's organizers set up a microphone where guest speakers addressed the crowd with the Washington, LGBT, and American flags as their backdrop.
Equal Rights Washington Executive Director Connie Watts asked the crowd to take one step back and then two steps forward, saying, "We need to learn from what happened in California - don't let this [Referendum 71] low blow get to the ballot."
Referendum 71 is aimed at taking away rights from LGBT couples who, beginning July 25, will receive the same rights as married couples in Washington state if they register as domestic partners. If the opposition is successful, then Washingtonians will vote on the issue of domestic partnership in the state - a scenario eerily close to the Proposition 8 vote in California last November.
Sen. Ed Murray (D-WA) reminded the crowd, "We have been disappointed before. What we have to do is continue to organize and not give up." Murray said that although we may be disappointed today, the big picture tells a different story. "We are winning the battle for equality state by state."
Rep. Jamie Pedersen, Democratic legislator from the 43rd district, told the crowd of supporters that although LGBT couples in Washington can register as domestic partners, "we want marriage equality," evoking loud cheers from those in attendance.
Seattle Out and Proud Board of Directors member Jonathan Bruns rallied the crowd by saying, "This is just a bump, and our win is palpable."
"We stand here today at the gates of almost justice for some, but not justice for all families," said Rev. David Strong, referring to the current LGBT status pertaining to Gay marriage.
A Seattle Gay couple, married in California just days before the 2008 Prop 8 vote, asked everyone to support full marriage equality and said that although they are happy their marriage is still valid, they couldn't help but be saddened that their Lesbian and Gay sisters and brothers still do not have the right to marry in Washington.
Following the Westlake rally, the Queer Ally Coalition led a march from downtown Seattle to Capitol Hill, shouting chants demanding civil rights. Once the marchers reached Pike and Summit, they began to chant, "Out of the bars and into the streets!" Adding to the number of protesters, people left bars and joined the throng of activists who eventually traveled up Broadway, ending at Cal Anderson Park.
Although some conservatives interpreted Tuesday's decision as the court defining marriage between "a man and a woman," they are incorrect. The court is protecting the initiative called Proposition 8, which claims marriage is between and man and woman simply because it interprets the California Constitution as consisting of these constitutional amendments, and the court has stated that its job is to interpret that state constitution and that it's not above it. This is an important distinction. Should California voters pass a new initiative that overturns Prop 8, the court would be legally inclined to protect it, as well.
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