May 30th, 2009

Rainbow flag

My take on Prop 8

An interesting take on the Prop 8 loss, which basically reminds folks that the rights bestowed on same-sex couples in California still exist through other means (in their specific case, California's nearly-all-encompassing domestic partnership laws), and the only thing Prop 8 did was invoke a name change. However, as comforting as that is, it's not really what Prop 8 was about, which is what the blog is specifically saying - the CA Supreme Court has said to the anti-gay crowd, in no uncertain terms, that all they've done is prevented the name change, and not to think they achieved anything else. Still, that's kind of the point - Prop 8 was an intentional poke in the eye to the LGBT community, and the Court, it seems, was forced to uphold it, and that's disappointing.

bovil also made a good point - California now has three distinct "separate but equal" institutions, consisting of marriage, 18,000 same-sex marriages, and domestic partnerships. Eventually, that's far more of a burden on taxpayers than simply calling them all by the same name, and considering that I could definitely see a challenge brought before the Court on those grounds. (A snarky counter-poke would be an initiative to change all three labels to "civil unions" to ease that burden, but we all know how well that would go down.)

All in all, I stand by my (and many others') original prediction that the USSC will eventually take up the matter under full faith and credit, and DOMA will be struck down, leading the way towards nationwide marriage equality.