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May 26, 2009


A couple of hours ago the California Supreme Court announced it's rulings on Proposition 8 and the validity of the marriages already performed.

The bad news is that they ruled in favor of upholding the infamous Proposition 8. A News Release from the court stated:

The 136-page majority opinion notes at the outset that the court’s role is not to determine whether Proposition 8 “is wise or sound as a matter of policy or whether we, as individuals believe it should be a part of the California Constitution,” but rather “is limited to interpreting and applying the principles and rules embodied in the California Constitution, setting aside our own personal beliefs and values.”

The court ruled that Prop 8 didn't constitute a "revision" of the state's constitution because it only addressed a narrow definition of the term "marriage" but didn't prohibit legally established same-sex relationships...

Instead, it carves out a limited exception to these constitutional rights by reserving the official designation of the term “marriage” for the union of opposite-sex couples, but leaves undisturbed all of the other aspects of a same-sex couple’s constitutional right to establish an officially recognized and protected family relationship and to the equal protection of the laws.

On one hand it sounds like they're saying that their ruling doesn't preclude legal, same-sex relationships as long as the word "marriage" isn't used. And that the ruling doesn't necessarily represent their own, personal feelings about the amendment itself.

It's almost as if their words embody a strongly implied encouragement for us to pursue the legalization of our relationships under any other name than "marriage." Unfortunately, that brings us right back to the "separate but equal" conundrum. And that, to me, is a totally unacceptable option. We've seen how easily legal "civil unions" can be dismissed by homophobic medical and legal professionals and scores of businesses simply by the phrase "well, you're not really married" so they feel they're legally free to ignore our relationships. After all, the laws and regulations do say "married couples" this and "married couples" that.

The good news in this debacle is that the court did uphold the legality of the 18,000+ marriages already performed before Prop 8 passed. The elephant-in-the-room on that one though is the question of how difficult is it going to be for these couples to convince those same homophobes that their marriages are legal when the only thing all these people are going to remember in their tiny little minds is that the court upheld Prop 8.

That aside however, I DO CONGRATULATE those who were "married" and wish each and everyone of them the happy and fulfilling lives they seek.

Obviously, the battle is far from over in California.

If you would like to read the press release or the opinions themselves, go to:
They can be downloaded in either PDF or WORD formats.

As I reported yesterday, there are going to be demonstrations in cities around the country tonight.

Rally at 6pm on 7th Avenue at Camelback in the lot next to Charlie's.

Rally at 6:30pm in Catalina Park (1st St. & 4th Ave.)

Go to: DayOfDecision.com