Today, the California Supreme Court has agreed to take on three lawsuits challenging Proposition 8. Let’s hope they do the right thing, and overturn it. According to the article, “All three cases claim the ban abridges the civil rights of a vulnerable minority group. They argue that voters alone did not have the authority to enact such a significant constitutional change.” This has been my own position all along, and the primary reason why I chose to oppose Proposition 8. Constitutions exist primarily to protect the rights of the minority against the whims of the majority.
A couple of random thoughts.
First, a number of folks who poured money into the “Yes on 8” campaign have complained loudly and vociferously that they are being “unfairly targeted and singled out” for their beliefs. I have to ask them, “Gee, what’s that like?” Seriously, I really can’t bring myself to feel sorry for these people. While I don’t think harassment or vandalism is acceptable, it’s still difficult for me to feel much sympathy. Gays have had to put up with this sort of thing for decades. Centuries, really.
Second, I’ve heard several say, in response to news of the court’s challenge to the ban, something like, “Proposition 8 has passed, it’s the law, deal with it.” I don’t think this is an appropriate response; after all, saying the same about interracial marriages or separate seats on the buses would not be appropriate. Besides, why wouldn’t these people just “deal with it” when the Supreme Court said that gay marriage was protected by the Constitution? They decided that they needed to respond to that, so other people are responding the other way.
Third, I can’t help wonder if the people who funded the “Yes on 8” campaign had anticipated the volume of the backlash that has erupted. Some gay activists have said that the passage of Prop 8 may have been the best thing possible for the gay rights movement. It really seems to have galvanized them.
Finally, I think same sex marriage is inevitable in this country. If the California Supreme Court does not overturn the ban, then it will take a few more years, but it will happen.