“Moral Disapproval” Doesn’t Fly When It Comes To Our Rights
Posted by Michelle Moquin on 5th August 2010
During the elections I was pushing hard for Prop 2 to pass, all because of my deep passion for animals and their rights. And as much as I was against Prop 8, I didn’t focus any of my time pushing for a “no”, even though I was an avid supporter at heart of same-sex marriages, and spoke my mind when the subject was broached.
It was assumed that Prop 8 would never pass, not in California – not possible – we are such a liberal state…and the optimist in me believed it to be so. And you know what they say about assuming. I, as well as many others, were shocked at the passage of Prop 8.
But what I love…what I truly love about people is their commitment to matters of the heart. No one gave up….the passion for preventing the passage of this profound prop never perished in the hearts and minds of those affected, and those in support.
In fact, people persevered. Thanks to two lawyers, David Boies and Ted Olson, who pointed out and proved that Prop 8 is “unconstitutional”. Thats right. “Moral disapproval” doesn’t fly when it comes to our rights. Our rights: They aren’t up for vote. That’s the point, our rights are our rights – Period. The people’s perseverance and repudiation (Thanks Rachel for this perfect word) is about to pay off – Okay…maybe I’m getting ahead of myself, maybe I am an optimist, but I have HOPE.
Equality wins in Vaughn Walker’s Prop. 8 ruling
The judge pointed to the considerable evidence that the campaign relied heavily on “negative stereotypes” about gays and lesbians – and to parents’ fears that their children would be more likely to become homosexual if such marriages were allowed.
In recent history, the U.S. Supreme Court has ruled time and again, that laws rooted in traditions of bigotry – from segregated schools to prohibitions on interracial marriage – are in basic conflict with the U.S. Constitution.
Also, as Walker noted in his ruling, a state’s obligation is to treat its citizens equally, not to mandate its “own moral code.” He cited the 2003 U.S. Supreme Court 6-3 ruling in Lawrence vs. Texas, which struck down that state’s sodomy law.
Eighteen thousand same-sex couples were married in California during the brief period it was legal, with no discernable damage to the state or the institution of marriage. Five other states and the District of Columbia now issue marriage licenses to same-sex couples. Societal attitudes are changing, but gays and lesbians should not have to ask to be patient to be treated equally under the law.
Judge Walker has forcefully, and convincingly, laid out the case to end this entrenched and unwarranted state discrimination against gay and lesbian couples.
It ain’t over till it’s over. There will be appeals, and no doubt this will make it to the Supreme Court. But hey, Boies and Olsen have that figured out too:
The Prop 8 case’s winning attorneys — David Boies and Ted Olson — are famous for being at opposite ends of the Bush v. Gore 2000 Supreme Court decision. Boies for Gore, Olson for Bush.
After Wednesday’s ruling, they were asked how they thought they could win at the Supreme Court, should the case get that far. Quipped Boies:
“He’s going to get the five justices who voted for him in Bush v. Gore and I’m going to get the four justices who voted for me,” Boies quipped.
Don’t ya just love it?
Celebrate this moment. But like I said, it ain’t over till it’s over. So please take a moment and support defying Prop 8, ensuring same-sex couples passage to full equality. It is the least we can do for those that want to be able to marry the ones that they love; a privilege that we as heterosexuals never need to ever think about.
We can love freely. How beautiful is that? Be in support of everyone the ability to love freely. With all that is bad in our world, with all that is wrong….why deny love? I can’t think of even one tiny reason. I HOPE you can’t either.
Here’s an e-mail I received from Human Rights Campaign:
After the first-ever federal trial on whether it’s legal to ban same-sex couples from marrying, the district court ruled that Proposition 8 violated the U.S. Constitution.
This court’s ruling will undoubtedly be appealed, so our struggle is far from over. But it was a tremendous step forward for equality and a critical win.
The two courageous couples who acted as plaintiffs in this suit opened up their lives to months of public scrutiny and helped bring about this victory, fighting alongside the legal team of Ted Olson, David Boies and the American Foundation for Equal Rights. They deserve our gratitude. Will you take a moment to thank them?
Send a quick note of thanks and support – and tell your friends to do the same.
Here is another way to get involved. Today, people in cities across the country will be gathering for peaceful “Day of Decision” rallies to take advantage of this moment and show the broad support for marriage equality among both LGBT and straight Americans. Find out if there’s a rally near you.
This case was a landmark. Over the course of the months-long trial, the plaintiffs introduced substantial testimony and evidence to finally show that Prop. 8 had discriminatory motivations – and that same-sex couples are entitled to equal rights. Because this is a district court decision and will most likely be appealed, it may not have an immediate effect on marriage bans in California or any other states. Nonetheless, it’s a significant moment. It’s a vindication of the grassroots work we’ve done across the country to give every loving couple the same rights – and a shot of momentum to continue that work.
The trial also showed that the other side remains as ferocious as ever. Not content with simply defending Prop. 8, they tried to persuade the judge to stop California state agencies from recognizing the marriages of the 18,000 same-sex couples who tied the knot in the months before Prop. 8 passed.
So without question, the forces of bigotry will appeal this ruling. After the Court of Appeals, this case could very well end up before the highest court in the land – just another reason we must fight to get fair-minded judges like Elena Kagan on the Supreme Court.
We know we will prevail in the end. Because we are on the right side of history and the law. Because public opinion is increasingly in our favor. Because even conservatives like Ted Olson – who argued for the George W. Bush side in Bush v. Gore – share a passion for this cause.
But it will take more sacrifice and more grueling hard work. It will take more people like you standing up for what you believe – and more heroes like the plaintiffs in this case refusing to accept second-class status.
Please send a quick note thanking these couples. Then spread the word.
Thanks for your continued support on this defining issue.
Readers: Please support the power of love and happiness and extend it to all. And of course blog me and spread the love…or whatever else you want to share.
Lastly, greed over a great story is surfacing from my ‘loyal’(?) readers. With all this back and forth about who owns what, that appears on my blog, let me reiterate that all material posted on my blog becomes the sole property of my blog. If you want to reserve any proprietary rights don’t post it to my blog. I will prominently display this caveat on my blog from now on to remind those who may have forgotten this notice.
Gratefully your blog host,
michelle
Aka BABE: We all know what this means by now :)
If you love my blog and my writes, please make a donation via PayPal, credit card, or e-check, please click the ‘Donate’ button below. (Please only donations from those readers within the United States. – International readers please see my ‘Donate’ page)
Posted in Health & Well Being, Human Rights and Equality, Love, Sex & Relationships, Political Powwow | 37 Comments »




