Prop 8- The Aftermath

Last week 52% of voters in California voted to pass Prop 8 which bans same-sex marriage in California.

There is an upside to this whole Prop 8 mess.  The upside is that the gay community and our supporters are being galvanized.  People are beginning to understand the importance of gay marriage rights, that this is a fundamental right that should not be denied to us, that it’s also about being treated equally under the law.

A few years ago, there was a lot of ambiguity and apathy about this issue in the gay community.  No more!  People are protesting all over the place and are actively working on the next steps.  Most importantly, there is now a critical understanding of what this struggle means.

If gays and lesbians are granted the right to marry, it will mean that the law and society considers our relationships equal to that of heterosexuals.  Our relationships will be deemed worthy of dignity and respect.  This will have ramifications far beyond just the right to marry.

In my view, there are two avenues the gay community can take to win back this right.  The first is to put forth another initiative in two years or so that would reverse Prop 8.

The other would be to take this issue to the federal courts where it would eventually make its way to the U.S. Supreme Court.

The former strategy is easier to implement and a lot less risky because it’s limited to California.

The latter strategy is higher risk but with the possibility of a greater return.  If the U.S. Supreme Court decided in our favor, that would legalize same sex marriage in all of the U.S. at both the state and federal level, which is the ultimate goal.  Ten years ago, the U.S. Supreme Court struck down the highly discriminatory Amendment 2 in Colorado.

If they rule against us however, that would set back this movement many, many years.

Presently, the U.S. Supreme Court is fairly conservative.  Even though Obama will soon be President and will have the opportunity to appoint new justices, the justices who may retire soon are liberals.

If I had to choose, I’d say go for the less risky route of trying to reverse Prop 8 just in California and slowly work to educate the public regarding same sex marriage.

Public opinion does affect the way justices rule on social issues.  Getting the support and understanding of the American public before taking this to the U.S. Supreme Court is a far more prudent course of action.