OK, so the morning after reports on yesterday's arguments before the California State Supreme Court don't look promising for an overturning of Proposition 8, the ban against same-sex marriages. Many in the media are predicting, based on the questioning of the justices in yesterday's closely watched hearing, that the court will uphold the voter-approved Prop. 8 but may also maintain that the 18,000 same-sex marriages that took place prior to Prop. 8 should also stay in tact.
This was a hard struggle to begin with, and I'm still not really sure if it was the best legal approach to focus on a technicality--the fact that Prop. 8 is more a constitutional revision as opposed to an amendment, which needs just a simple majority vote compared to a two-thirds vote and the involvement of the legislature for a revision. I actually like state Attorney General Jerry Brown's approach, which is basically that whatever Prop. 8 is, it should be judged on whether it violates the equal protection clause of the state constitution. Let's not focus on the technicality but on the legal implications of the proposition.
I think what the hearing really showed is the fact that California lives under a very flimsy constitution that can be altered often by the populace. One of the justices even noted that the constitution has been amended 500 times! Come on! Give me a break. Should such an important document be changed so often? I'm not a big fan of the proposition process because it's really placing the burden to developing laws on the people when we already have the process of electing officials to do that job.
The ruling should come out in the next 90 days (probably close to May) and it looks like the movement for same-sex marriages will have to go back to the people. And although many people woke up after the November elections to the fact that an injustice occurred, polls still show a slim majority banning same-sex marriages. It's sad to me that people around me still think that as a gay man, I am "different" and that I do not enjoy the same life experiences that they do.
Yesterday, a co-worker sent out an email video of his new baby boy. He and his wife gave birth to their first child on Sunday. He was so happy in his email and said how proud he was of his wife and the love she had with their new baby. He was a proud father and a proud husband. And this life experience just reminded me how sad it is that I can never experience that. Sure, I'm still single so I have that against me. But if I fell in love, we could adopt but I would never be someone's "husband." We would just be two guys with a baby in other people's eyes.
Links to new reports on the court hearing:
"California Supreme Court looks unlikely to kill Proposition 8," LA Times.
"Justices seem to be leaning in favor of Prop. 8," San Francisco Chronicle.
"California Court Weight Gay Marriage Ban," New York Times