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What Does CA Supreme Court Ruling Really Mean This Time
Written by Damien Duckett
Monday, 25 May 2009 11:14
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11 Votes

As we have certainly all heard by now the California Supreme Court has announced that it will present its ruling tomorrow (Tuesday, May 26th).  This case has perhaps caused more of a stir in our community than the case taken up by the same court a little over one year ago when they decided in favor of marriage equality for gays and lesbians in that same state.  But what does this ruling really mean?  Is it marriage equality that is really at stake here?  To an extent, yes.  But the more reasonable response may actually be, no.  While this ruling would have a direct impact on marriage equality in the state of California, perhaps more important is the impact it has on all minority groups in that state. 

The question brought before the California Supreme Court on March 5th of this year was not necessarily about marriage equality.  Rather, it was to what extent Proposition 8 changed the fundamental structure of California's state constitution.  The reason this is important is that this country is founded upon the notion that a slim voting majority should never be able to take rights away from a minority.  Protection of minority rights has always prevailed to be what is right.  Should California's highest court rule to uphold Prop 8 they would be flying in the face of over two-hundred years of traditions that we hold dear in this country.  At which point I think it is safe to say the rules of the game change drastically.  If our country's most basic foundation is ignored and the rules of the process no longer apply then what are minorities of any kind to do?  Should we riot?  I mean if the rules and principals of law dont apply equally then why should minorities obey a system that is meant to hold them down?  Should we stand on the streets screaming at the tops of our lungs at those we consider our enemies to try and forced them to see our way?  Obviously the answer to both of these questions is no but it is easy to understand where these points of view originate.  The rights of minorities everywhere are at stake here.  California's ruling could allow for more states to pass similar legislation that would only require a slim majority to make fundamental changes to states' constitutions.  After all, many states have already passed laws that outlaw gay marriage.  How many legislators in those states would love to add it to their constitution without the pesky need for some type of super majority vote. 

Should the California Supreme Court decide to "change the rules of the game" as I said before by upholding Prop 8 then our strategy to win back the right to marry in that state is clear.  We must at that point appeal heavily to the minority population in California.  Upholding Prop 8 can easily send a clear message to other minority groups that their equality and the rights and opportunities that many of them are still struggling for are more fragile than they could have imagined.  And that the complete reversal of the rights which they consider secure and maybe even take for granted could be stripped away as soon as California's next election.  Minorities contributed to the struggle of GLBT Californians, maybe once they see the potential devastation a ruling that upholds Prop 8 could have on their own rights they wont be so apathetic to the plight of another.

It is indeed my deepest hope that California's Supreme Court will not be so short sighted as to actually uphold Prop 8.  But should they decide too, I will be marching on the streets with everyone else to proclaim a battle against bigotry that I hope will bring new life to a movement that desperately needs it.  After all, this is my community too. And I want it to win.

Last Updated ( Tuesday, 26 May 2009 08:20 )
 

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