Proposition 8 passed, same sex marriage is unlawful. Now what?

I've said before that I think same-sex marriage in the United States is inevitable.

It's going to happen. Get used to the idea now.

It will happen because the children of today are more accepting of the LGBT community than my generation, or of my father's generation. The older generations are fading away, and today's youth are taking over.

On March 7th of 2000, California Proposition 22 modified California's civil code to limit marriage to a man and a woman. That proposition passed 61.4% to 38.6%. That 61.4% was touted by Christian conservatives over and over again in the following years as a "Clear indication of the will of all Californians."

Proposition 8 today looks like it will pass 52% to 48%. That "clear indication" has dropped 10 points in 8 years. I believe this trend will continue.

And while it is much harder to overturn a constitutional amendment in California than it is to enact one - I do believe that there will come a time when this blot of hate will be removed from the state constitution.

It has been brought to my attention that the passage of Proposition 8 may be the best thing to happen to same-sex marriage. If Proposition 8 had failed, religious conservatives would have recreated it again and again for each election cycle. It would have been remade with more subtle wording - designed to worm it's way into law while remaining beneath our notice.

If we must legislate hate, if we must remove rights, it is better that we do it openly. It is better that we recognize that this is done out of purely religious motivation and that it is based upon an inflexible "moral" code that equates homosexuality with murder, deceit and malice. Let us all see that the Christian religion calls homosexuals, "senseless, faithless, heartless," and "ruthless" who are "wicked, evil, greedy," and "depraved".

It is this same religious morality that says in no uncertain terms that homosexuals, and those who support them, are worthy of nothing more than death itself. (Romans 1:18-32)

It is good to bring this hate out in the open so we can examine it under bright lights with high magnification. We have states in conflict - a marriage certificate in one state is worthless in another. This violates the Equal Protection clause of the 14th Amendment to the United States Constitution and it must be addressed at a Federal level.

And I believe that in time, and with effort, equality will prevail. I believe that because last night I watched equality prevail in an historic election. I believe that equality will prevail because members of the LGBT community have come "out of the closet", so that more and more Americans recognize that they know, or are related to someone who is gay. I believe that equality will prevail because while it is easy to hate a faceless, nameless "evil", it is much harder to hate a kind aunt, or a loving son, or a friendly neighbor. I believe that equality will eventually prevail because even now, even under Proposition 8, same-sex couples are allowed to have and to raise children in a loving home - and those children will influence other children, and they will all grow up and vote their conscious out of love and knowledge.

The one thing that the people have said that they fear the most - that same-sex marriage will be taught to children in class - has already come to pass. Your children ARE being taught to be more accepting - they are being taught by their classmates and peers.

My grandparent's generation has faded away. Soon my parent's generation will follow, and then my generation - the last of the Baby Boomers - will also fade. The future of LGBT equality lies inevitably with the generations that follow me.


Anonymous said...

Very sad. It's hard to believe that Californians passed this.......... God I hate religion!

Anonymous said...

It is amazing to read your post. I love your perspective on how to deal with this disappointment. I completely agree that discriminatory attitudes and subsequent laws should be treated for what they are, legislation that reflects human frailties, the predominate of which is fear.

I had a conversation with a non-Californian who was passionate about wanting Prop 8 to pass. He cited the argument about how "complicated" teaching kids about gays would be, how much it would cost, etc (that shocked me since I hadn't heard that one before).

Well, unless you can match all these "expenditures" on teaching kids about Black people after segregation was ruled unconstitutional, what is this speculation about needing special, additional education need based on? Do we really hold kids in such little regard, intellectually?

Even if it were the case, is the question seriously being posed, what is more important, money or equality? Considering that we spent quite a loot revolting from England for equality, historical precedent answers that question.

When the friend went into how it is wrong to legalize an activity that kills almost everyone who does it, I realized, this is exactly why such a ludicrous proposition actually made it onto the ballot. I think I annoyed him when I said that more heterosexuals have AIDS now than homosexuals.

With that said, gay marriage will one day be a term of the past because the word that will be used in the future for "gay marriage" will be "marriage". Future generations will laugh at "old" people that need to get with the times because they cling to old-fashioned, ignorant beliefs like AIDS is a gay disease, homosexuality is a cult with an emphasis on recruitment, and that being exposed to gay people requires some sort of special education that books like "Heather Has Two Mommies" don't cover!!!

Thanks for the injection of optimism.

Aggie gal said...

Now what?

Looks like it's back to the courts for them to rule (again) on the constitutionality of banning marriage between same sex couples.

Anonymous said...

Nice way of finding a few positives out of this whole deal. I think you are right. One day this will disappear and people will wonder what people of this generation were thinking.

"Looks like it's back to the courts for them to rule (again) on the constitutionality of banning marriage between same sex couples."

Now it IS constitutional because it is literally written into the constitution. Courts have no say now.

Calladus said...

state court has no say, but the Federal Court could find this Unconstitutional at the Federal level.

Aggie gal said...

Calladus -

I really appreciate your thoughtful posts. This is an interesting blog.

I think that they (civil rights groups) are trying to go through the state courts first.

Didn't the federal gov already say that marriage between same sex couples was a state issue? (Not sure here).

Calladus said...

Some of my friends wonder why I subscribe to so many different Religious email alerts.  It is because they are often well organized and well funded. 

The Alliance Defense Fund has an "Alliance Alert" that describes the early challenges to Proposition 8.  (Read here

Although passing Prop 8 counts as a win for the religious - it also makes them very nervous to be put under a microscope in this way.  They can see the writing on the wall, and know that they will - eventually - lose their fight.

AmberKatt said...

The one that passed in Florida is even worse... it bans anything that even resembles a marriage. So, civil unions (the great "separate but equal" argument of the not-quite-so-fundie right-wingers) too are now banned, in Florida at least.

The whole thing will end up in the US Supreme Court, I'm sure. And hopefully we'll have a less right-slanted court when it does. Colorado's Amendment 2 (banning equal rights for gays) was ruled unconstitutional, eventually the gay-marriage ban/s will be too.

Whisper said...

Reading your post on this subject makes me extrmeely sad, but also hopeful. And I'm a Brit, living in England.

I already know that my generation and younger are going to make some big changes, we really are more open, more accepting, more understanding and less ready to believe what the old bears tell us to believe.

I look forward to the days when my generation and younger start taking over and making those necessary changes.