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You know, I am happily married to a man in Massachusetts for the past three years.  In fact, we moved here from a red state for the equality this state affords us.

And I for one, feel we are all in this together.  Whether one wants full equality in Massachusetts or CA or any other state.  So, even though MY marriage wasn't threatened, I decided that we are all in this fight together and my husband and I decided to send a lot of money - money we don't really have - in order to help our gay brothers and sisters across the continent from us to assist them in their march for the full equality me and my spouse now enjoy.

So we gave.  And gave.  And gave some more.  I personally believe that the apparent defeat in California sets us back as a movement FAR more than it would any other state because California has a heretofore well-deserved reputation as a trend-setter and a bellwether and an example for what the rest of the country may follow.

Too bad it got shutdown.  This sets us back bigtime.  Now, as an attorney who does conlaw and civil rights lit, the EP clause of the 14th Am. should NOT be subject to the current whims of amajority, especially a mob majority who are not even elected officials.  This is why the initiative process is the wrong forum for this matter and it SHOULD be decided in the Courts.  The Courts are indeed the proper forum for the INTERPRETATION of what constitutes a protected individual right that is not subject to the whims of any given majority vote, no matter how "fair" or even-handed that vote shall be.  Remember, the US is a constitutional Republic, NOT a pure democracy that is always susceptible to mob rule.  Otherwise things like slavery and segregation could possibly still be legal in certain parts of the country.

Hopefully, if Obama has an opportunity to replace one or tow of the RATS (Roberts, Alito, Thomas, or the 72yo Scalia), this case could make its way to the SCOTUS as a class action suit brought by those in California who have already wedded in California, thus showing that they personally suffered damages by their marriages being stripped from them through a blatant violation of the right of Equal Protection under the 14th Amendment to the United States Constitution.  

Yes, I gave money to the good side in this ballot fight.  But I was always torn.  Because an issue such as this has absolutely NO basis in the initiative process or even the California Legislature.  This is an issue that is strictly the purview of the co-equal judicial branch of government.

However, having said all that, the pro-gay forces in California - of all places - with their huge population of gays and lesbians getting THAT outspent on an issue of this magnitude is truly shameful and I am embarrassed for my fellow members of my community.  

This loss didn't have ti happen and really does set our movement for equality back for YEARS.

Originally posted to BoyBlue on Wed Nov 05, 2008 at 08:54 AM PST.

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Comment Preferences

  •  I agree (7+ / 0-)

    I live in CA and have a lot to say about how stupid the proposition system is, and how ridiculous this Prop. 8 campaign was.

    Let me explain one thing -- although Prop. 8 was about banning gay marriage, that is NOT what many voters voted against. The Yes on 8 campaign, funded by the Mormon Church, absolutely blanketed this state with commercials saying that gay marriage will be taught to young children at schools unless we pass Prop. 8. They showed couples from Massachusetts warning us to stop it before it is too late. They had a Pepperdine law professor saying that this would happen.

    Meanwhile, the No on 8 campaign was too little, too late. They didn't get the Dianne Feinstein ad up until the final week, and it didn't get enough play. By the time the No on 8 people got their game together, the Yes on 8 people had defined the issue.

    The No on 8 people apparently ended up raising more money than the Yes folks, but I didn't see it. I saw a lot more Yes ads, I heard many more Yes ads on the radio, and honestly -- the Yes ads were more effective. The No people should have been telling every black voter that Obama was opposed to Prop. 8, and they should have somehow got Schwarzenegger to cut an ad.

    This Prop. 8 is a blight on our constitution and hopefully it won't be long before we can repeal it.

    Old Man - the best anti-McCain blog on the web!

    by existenz on Wed Nov 05, 2008 at 09:03:13 AM PST

    •  I agree, the No on Prop 8 campaign (4+ / 0-)

      was embarrassingly bad, and I am SO frustrated.  They absolutely should have taken advantage of the excitement about Obama and had him make an ad for them.  They should have had leaders from all over saying NO to Prop 8, but they thought they had it in the bag, and by the time they started working hard on it, it was too little, too late.

      YES WE DID, and YES WE CAN!

      by Moment on Wed Nov 05, 2008 at 09:15:15 AM PST

      [ Parent ]

    Recommended by:
    catleigh, Moment

    Monterey County has only 65% of the vote counted and they are overwhelmingly against it. The L.A. Times un-called it.

    (-8.00, -7.18) I got my country back!

    by Arken on Wed Nov 05, 2008 at 09:03:24 AM PST

  •  Con Law (2+ / 0-)
    Recommended by:
    catleigh, kfd313

    I think we're going to see the SCOTUS step in within the next ten years or so and legalize gay marriage nationally under the EP clause. That's where all the trends are pointing and all the scientific knowledge about homosexuality being something you're born with not something you "choose." I could definitely see Kennedy voting to legalize gay marriage. That's probably the next step, now that several states have adopted the pro-marraige reasoning.

    The day may come, when the rest of the animal creation may acquire those rights which never could have been withholden from them but by the hand of tyranny.

    by Tetris on Wed Nov 05, 2008 at 09:03:32 AM PST

    •  Obama quote on using the courts (2+ / 0-)

      "And I think one of the tragedies of the civil rights movement was that the civil rights movement became so court-focused, I think there was a tendency to lose track of the political and organizing activities on the ground that are able to bring about the coalitions of power through which you bring about redistributive change, and in some ways we still suffer from that," Obama said.

      Obama is right. Build coalitions. Educate. Organize. And don't expect a change this massive to be completed in just a few years. This is going to take a generation or two.

      •  It's not like we're beginning right now (1+ / 0-)
        Recommended by:
        Killer of Sacred Cows

        Marriage battles were actually started by anti-gay forces because they saw that they would be easy to win. And easy, overwhelming victories would be extra difficult to overcome.

        The anti-marriage ballot fights stalled employment nondiscrimination laws because no politician wants to be associated with an unpopular group, even though polls supposedly show popular support for employment nondiscrimination.

    •  The current SCOTUS would never (1+ / 0-)
      Recommended by:
      Killer of Sacred Cows

      legalize gay marriage.  And Obama WILL have a chance to appoint new judges, but the ones who will be retiring are not the ones who would block this.

      YES WE DID, and YES WE CAN!

      by Moment on Wed Nov 05, 2008 at 09:17:58 AM PST

      [ Parent ]

  •  This kind of progress always takes years (2+ / 0-)
    Recommended by:
    GN1927, catleigh

    Civil rights battles like this almost always take years. You win an important court battle or two, then the reaction hits and you have to engage in serious education and organizing.

    We'll never change the minds of the older bigots, but we have to do our work so that as they die off, we've made our case to the next generation.

  •  Time to take away straight marriage (1+ / 0-)
    Recommended by:

    civil unions for all

    "Patriotism is supporting your country all the time, and your government when it deserves it." Mark Twain, as quoted by Barack Obama 6/30/08 Independence, MO.

    by SunWolf78 on Wed Nov 05, 2008 at 09:07:54 AM PST

  •  Thank you for sending money (2+ / 0-)
    Recommended by:
    BoyBlue, Killer of Sacred Cows

    I appreciate it.

    I have sent money to other anti-marriage fights in other states, too.

    But I'm grateful for Massachusetts because marriage equality is alive there.

  •  I agree (0+ / 0-)

    People should never get a vote or a say in social matters.  They don't know what is good for them.  I say, let the courts force it on them because the courts know what is best for us.

  •  Best diary on the subject (2+ / 0-)
    Recommended by:
    BoyBlue, Killer of Sacred Cows

    thank you for this analysis.  I remember seeing an awesome Samuel Jackson ad floating around a few diaries, and didn't realize that there was such a fundraising disparity.

    "If you don't have a record to run on...You make a big election about small things." - Barack Obama

    by GN1927 on Wed Nov 05, 2008 at 09:18:03 AM PST

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