CA Supreme Court Sends Mixed Message: Gay Marriage No, Sort Of

did we vote on your marraige

In what I can only describe as the biggest act of political cowardice I have seen in such a long time, yesterday the California Supreme Court upheld Proposition 8’s ban on gay marriages but also upheld the 18,000 gay marriages conducted last year. Apparently, there are now two classes of gay couples in the state of California: those who were legally wed before Proposition 8 passed and those who were single when Proposition 8 passed and now are unable to get married.

In their decision, the Justices emphasized the legal issue before them was not same-sex marriage (which they voted last year to legalize) but rather the right of California voters to change the state’s constitution. I wonder what the CA Supreme Court would have done if the Proposition 8 outlawed marriage between two races? Would they still support that because of the voter’s right to change the state’s constitution? Apparently in California the will of the majority is allowed to stamp upon the rights of the minority

Folks, this isn’t just about marriage. This is something deeper, more intrinsic. This is about the right of certain individuals to be treated equally under the law and to not be stigmatized. By voting to uphold Prop 8 and keep the 18,000 gay marriages legal, the Supreme Court has temporarily dodged a bullet and opened the door for more litigation in 2010.

gay-marriage-300The arguments against gay marriage are offensively stale. In the states where gay marriage has been approved, marriage has not fallen apart. No church has been forced to perform any marriage ceremony that goes against its religion. No rampant sex in the streets. No disintegration of heterosexual marriage. No reduction of procreation. No plague of locusts. No rain of fire. No nailbiters sleeping with St. Bernards. (See Anita Bryant quote at end of post)

To say marriage is designed for procreation only is ridiculous. There are many straight couples who either choose to not have children or are unable to produce children. Are their marriages invalid too? Brittney Spears can get drunk and married and then have the marriage anulled days later but that’s okay cause she’s not gay? We have shows like The Bachelor, The Bachelorette, and Who Wants to Marry a Millionare that mock marriage but a same-sex couple who love each other can’t get married. Does any of this make sense?

Gay marriage can actually help a community. It not only provides a gay couple with the rights that go along with marriage but the obligations and protections as well. Many of these couples have children. Marriage would only strengthen the relationship which can only benefit the community at large. It’s a win-win.

I’m tired of being told that I am a second class citizen just because I am gay. Gay people no longer need to hide in the closet. We need to stand up and be heard because we are everywhere. We’re not just hairstylists and interior decorators, we’re doctors, lawyers, politicians, sales clerks, bloggers, and every profession you can think of. We’re your neighbors, friends, daughters, sons, brothers, sisters, aunts, uncles, mothers, and fathers. And we deserve the same rights that our straight brethren have. It’s what this country is based on – the right to life, liberty, and the pursuit of happiness. Shame on you who have forgotten!

Want a good look at a gay couple with child. Go visit Green Dads and then come back here and explain to me why these two loving men, who are bringing up a very special young man, don’t deserve to get married.

Food for thought:

  • Everybody’s journey is individual. If you fall in love with a boy, you fall in love with a boy. The fact that many Americans consider it a disease says more about them than it does about homosexuality. – James Baldwin
  • Gay and lesbian people fall in love. We settle down. We commit our lives to one another. We raise our children. We protect them. We try to be good citizens. – California Sen. Sheila Kuehl
  • I’m a supporter of gay rights. And not a closet supporter either. From the time I was a kid, I have never been able to understand attacks upon the gay community. There are so many qualities that make up a human being… by the time I get through with all the things that I really admire about people, what they do with their private parts is probably so low on the list that it is irrelevant. – Paul Newman
  • If gays are granted rights, next we’ll have to give rights to prostitutes and to people who sleep with St. Bernards and to nailbiters. – Anita Bryant
  • [A] bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse. – Thomas Jefferson

9 thoughts on “CA Supreme Court Sends Mixed Message: Gay Marriage No, Sort Of

  1. eblackwell says:

    For supposedly the best country on the planet, we have a lot to learn from others. This is one of the things we need to learn. To discriminate against good people is so hateful. Are we a free country or aren’t we? The problem is: you could hit these people with a wake-up stick and they still spew hate & lies. Frankly, Paul Newman said it best. As for Anita Bryant: what the hell does nailbiters have to do with it? I swear, that woman must have did some crazy drugs — or dropped on her head when she still had a soft spot. Nail biters: wtf?

    And, by the way, I’m a heterosexual who hasn’t procreated. I double dog dare some right wing, religious fascist to judge my marriage.

    PS: seriously, Nailbiters — I… the hell with it. This is one of those things where you gotta take Lewis Black’s advice: “Don’t think about that too long, or blood will shoot out your nose!”

    • mrblueskies says:

      Yup, nailbiters. Scarey huh? And if some right wing religious nut tries to judge your marriage, let me know right away. I’d like to pop some popcorn and set up a seat so I can watch the blood bath. 🙂

      Check out my blog at

      “During times of universal deceit, telling the truth becomes a revolutionary act.” – George Orwell

  2. Excuse my French, Preston, but from a married man, that decision is totally fucked up (and you can edit that if you need to). I love my state but question those running it. I guess it’s no wonder we’re broke.

    If it goes to the people again, I will again vote NO because the decision is flat-out wrong.

  3. Though it sucks all this is happening, atleast it’s happening. As in atleast it’s out there and causing commotion. We’ll see where this leads. Hopefully it will all be righted and we’ll all be able to marry whomever we want regardless of their sex.

  4. dragonblogger says:

    Bah, leave it to politics to not make a decision on something. Seriously, this is about freedom of rights and people making decisions, the fact that now republicans are using the excuse that the economy will be crushed by forcing companies to include “gay” spouses for insurance and benefits, is just another lame excuse.

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