some good news about prop 8
By Dr. Charlie Glickman • Nov 6th, 2008 • Category: BlogThe ACLU, Lambda Legal and the National Center for Lesbian Rights have filed a writ petition asking the California Supreme Court to invalidate Proposition 8 if it passes. It seems that the state constitution requires any change to the underlying principles of the document to be approved by the state legislature BEFORE being voted on by the public. Since that didn’t happen, the writ is claiming that the proposition is invalid.
Two points, before you ask. First, voters can make relatively small changes to the constitution. The writ is arguing that this is not a small change. Second, the groups filed a writ before the election making a similar argument in order to keep the proposition off the ballot, but the court wasn’t willing to hear it. Here’s why:
“Historically, courts are reluctant to get involved in disputes if they can avoid doing so,” said Shannon Minter, Legal Director of NCLR. “It is not uncommon for the court to wait to see what happens at the polls before considering these legal arguments. However, now that Proposition 8 may pass, the courts will have to weigh in and we believe they will agree that Proposition 8 should never have been on the ballot in the first place.” (from the ACLU press release)
So this is some potentially good news- the fight isn’t over. Of course, the prop 8 folks are going to yell about activist judges. It’s good to remember that, as Elizabeth Gill, a staff attorney with the ACLU of Northern California points out, “[a] major purpose of the constitution is to protect minorities from majorities.” The judges are there to ensure that the law is applied fairly to all citizens. If that makes them activists, then I’m all for it.
Given how the folks in favor of prop 8 lied about the issue, sent out a video of a group of children without the consent of the parents, and resorted to blackmail, I find it hard to understand how they can keep pretending that this is about morality. And don’t even get me started on the issue of a church telling its members how to vote.
In my opinion, there isn’t so much love in the world that we can afford to throw any of it away. I think that any time any people publicly declare their love for each other, that’s something to celebrate, even if their relationship is 180 degrees away from anything I would want to do myself. How does a queer couple’s joy, commitment and happiness diminish a heterosexual couple’s marriage in any way?
In my experience, when someone resorts to lies to try to get you to believe what they have to say, it’s because they know that their position is untenable, at least on some level. If you can’t convince people with the truth, what does it say about you when you resort to lies?
Anyway, keep your chins up, folks. Equal rights aren’t dead, even if some folks would like them to be.
Dr. Charlie Glickman >> Dr. Charlie Glickman has been working at Good Vibrations since 1996, when he joined the staff at our Berkeley store. Currently, he is our Education Program Manager and (among other things) runs our in-store After Hours workshop program, our Off-Site Sex Education Program, trains our Sex Educator-Sales Associates and writes copy for our website. In 2005, Charlie received his doctorate in Adult Sexuality Education from the Union Institute and University in Cincinnati, Ohio. In addition, he offers classes on sexuality for psychotherapists and workshops on teaching for sex educators.
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Thanks for this post- not only for the update but also how it was phrased. Love, nor the work that goes into any healthy relationship, isn’t anything to make light of.
Even with the sadness and frustration of Prop 8 passing, for me the election of 2008 will always be remembered as a success. We did more than make history by electing Obama. We changed the way people -young and old- think about possibility. And we mobilized a new generation of voters and change-makers.
Prop 8 passing is really really sad – and the struggle for equality continues. If this election taught us anything it should be that struggle should continue and will end at some point. The struggle for people of color has been long and trying… and the struggle for queer folks will be long and trying. But we will come out on top – it might just take more time than we’d like.
I just want to second what was said here by Misty. The struggle is taking longer than it should but it’s still going on and there are a whole lot of people out there who are involved in making things ultimately turn out the way that they should on this issue. Keep spreading the news and sharing the updated information!