The proponents of Prop. 8 have filed a motion to stay the effects of tomorrow's court decision - which would likely resort in a victory for the equality side. I figured they'd try to get a stay pending the appeal to the Ninth Circuit Court of Appeals and eventually to the Supreme Court, but they managed to do so using rather... unfortunate arguments for their side.
So let's say a federal court is about to strike down a constitutional amendment to a state's equal protection clause banning gay people from the word "marriage" as an unconstitutional, animus-based initiative. Now, the proponents of the ban say that gay people will destroy marriage and hurt kids, ruining everything for everyone and remaking civilization into an unlivable mess. They say gays are child rapists and conjure up images of incest and all sorts of other things. They spend an entire trial demeaning all gay couples and terrorizing and humiliating the gay couples who brought on this trial.
If you were the proponents of the ban, what's one argument you'd probably want to avoid mentioning in your request for a stay?
Just... read this. I'm in awe:
Further, absent an immediate stay of any ruling invalidating Prop 8, same-sex couples would be permitted to marry in the counties of Alameda and Los Angeles (and possibly throughout California). Same-sex marriages would be licensed under a cloud of uncertainty, and should Proponents succeed on appeal, any such marriages would be invalid ab initio. Indeed, in 2004, the City and County of San Francisco issued marriage licenses to same-sex couples, resulting in approximately 4,000 purported same-sex marriages in about one month’s time.See Lockyer v. City and County of San Francisco, 95 P.3d 459, 465, 467 (Cal. 2004). The California Supreme Court held that San Francisco lacked authority for its actions, and ordered that "all same-sex marriages authorized, solemnized, or registered by the city officials must be considered void and of no legal effect from their inception."Id. at 495.2
Repeating that experience would inflict harm on the affected couples and place administrative burdens on the State
Yes. You actually read that. You really did. The Prop. 8 proponents admit, and are worried about, the harm inflicted on gay couples who are put through the ordeal of a trial and then denied marriage rights. They said that.
I'm just wondering: why do this then? Why put everyone through this? Why have your witnesses like William Tam say some horrific things? Why make ads and videos about the threat to kids and stability? Why set out to purposely hurt Americans and then put them through this trial and keep it going on and on until you have no other avenue to pursue? Why not just stop now?
If there is actual harm done to LGBT Americans by putting them through situations where their rights and their happiness are constantly in flux then just stop fucking doing it. Just stop torturing us.
I don't know what kind of cognitive dissonance was even going on here for these people to write a brief saying this. Then again these are the same people who sued the Courage Campaign because their banner of a lesbian married couple was exactly the same to them as their banner of an opposite marriage couple. I'm not sure they really think about much. It seems like they just throw things out and see what works.
This is what we're up against. This is the dreaded anti-equality side. Their side admitted we will be "more American" on the day same sex marriage is legal. Their side admitted that including gay couples in marriage will not harm children, families, and will only enhance the institution of marriage. Their side went further than that and even talked about how it would be better for kids if gay couples are allowed to marry. Their side doesn't know the difference between a lesbian couple and an opposite marriage couple. Their side worries about harm to gay couples whose legal marriage status is up in the air like this.
When people look back on this time I just have to imagine there will be so much head scratching. I'm living through it and I'm fairly smart, yet I have no idea what the fuck is going on. We were governed by the bafflingly stupid for eight years and now our laws are being shaped by them in courts and in ballot initiatives.
And they're not just stupid, they're hypocrites. It takes an insane amount of hypocrisy to do these things, to even write them into their public records - court filings. I just don't believe anything they say because everything they do completely contradicts it. They are full of shit and always will be. They have nothing to use as a valid argument. Nothing. I swear to god I almost get the feeling that if we let them keep talking they'll eventually pronounce themselves in favor of full marriage equality and every LGBT right we could possibly ever want. Shit, we came close when they admitted that gay marriage would make us more American. It's like we just have to allow some people extra time to think out loud for awhile and stumble upon the right idea completely by accident.
Like I said, I'm just in awe.