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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.

Comments

( 9 comments — Comment )
montrealais
May. 30th, 2009 07:23 am (UTC)
"Why are you so obsessed with getting the right to marry, anyway? It's just a word!"
"Well, if it's just a word, why not let us have it?"
(Deleted comment)
jkusters
May. 30th, 2009 03:58 pm (UTC)
The thinking is that taking an Equal Protection case up to the SCOTUS is anything but a sure thing with the current composition of the court, and if we failed there, that case would set a precedent that would shut the door on further state-by-state progress. Many feel (myself included) that it's a huge risk, and not without consequences. I'm very wary of anyone trying to take it to the Feds with Scalia, Roberts, Alito, and Thomas still sitting.
jkusters
May. 30th, 2009 03:54 pm (UTC)
Something someone pointed out to me recently is that businesses aren't compelled to treat Domestic Partnerships the same as Marriages. So, according to that person, it's perfectly legal in CA to offer benefits to Married Spouses but not to Domestic Partners. I'm trying to dig through the internet to determine the veracity the statement, but I suspect it's true, and therefore one major way in which DPs don't stack up, something beyond just the label.
missfran
May. 31st, 2009 06:09 pm (UTC)
Hey Spree. My apologies, I have now righted a wrong and re-added you, so you have access to all my drah-mah again.

Mwah
x
esprix
May. 31st, 2009 07:20 pm (UTC)
You know, I didn't even realize you'd defriended me, but I'm glad I'm back. :)
weirddave
Jun. 1st, 2009 03:50 pm (UTC)
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.

God, I hope not. In my mind, this is the worse possible outcome (well, except for SCOUS striking down gay marriage altogether, which is possible). Stay calm, keep going about this the proper way, and the whole issue will be a done deal within a decade. Pinning your hope on legislating from the bench not only risks the possibility that they might decide against you-absolute disaster-but also ensures that even a "victory" will lead to nothing more than generations of strife and malice.
esprix
Jun. 1st, 2009 08:31 pm (UTC)
For better or for worse, I really think that's how it's going to go down; or, rather, it'll happen eventually, regardless of whatever happens socially. DOMA's got to go, and unless all 50 states suddenly turn around and go pro-gay on us, I doubt their overly cautious and cowardly representatives are going to actively work to repeal it.
weirddave
Jun. 1st, 2009 08:54 pm (UTC)
I actually wrote an entire entry on this at the webblog that I recently started. You can read it here if you're interested.
( 9 comments — Comment )

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