That’s how it feels to me. After the last few years of constant stress over the issue of marriage equality, it’s as if I’m in some movie where the smoke clears, the sun comes out and the air is once again breathable. And that’s just the last few years of battling actively, not to mention all the years of my life spent living as a second class citizen for no reason other than prejudice.
On Wednesday, August 4th, we got the news that Judge Vaughn Walker ruled to overturn California Proposition 8. That same evening we held a Decision Day Rally in front of Fresno’s City Hall, as so many other cities across the nation did. It was glorious to have such a celebratory gathering after so many defeats brought us together only to share grief and to discuss moving forward. The same day Walker issued his clear, considered and powerful ruling, he also issued a stay for same sex marriage until the opposing side could present their case for appeal.
**To see complete video of the Decision Day Rally in Fresno, click on YouTube link in the menu on the main page of GayFresno.com
On August 12th, Walker issued his next ruling, ending the stay and allowing legal same sex marriages to begin in California, even though he added a short waiting period, until August 18th, so the opposition could make their case for a stay to the 9th Circuit Court of Appeals.
As Jennifer Pizer, with Lambda Legal, puts it, "To maintain the stay, the Ninth Circuit will have to find that Prop 8’s proponents are likely to win on appeal or will suffer irreparable harm if same-sex couples again are allowed to marry. But at this point, the truth is crystal clear, as last week’s decision explains: the only people suffering harm are lesbian and gay couples whose constitutional rights are violated every day that Prop 8 remains in force, and who simply seek the same rights everyone else already enjoys."
None of this is similar to past battles. This decision, and the judge’s words in his rulings, are historical. While the opposition continues to spew rhetoric in the exact same way as they have before, with the same ideas, the same theories and the same lies, anyone really paying attention will see that this time it’s different. This judge did something so brilliant that it is opening the door to uncontested marriage equality in California and perhaps the nation. Walker didn’t just listen to what people "thought" on each side of this issue, he held a court trial and demanded evidence. This was not about the "will of the people" as the opposing side continues to paint it, this trial was about whether the people were writing prejudice into the constitution for rational reasons, and if the people had the authority to do so in the first place.
The answer to both, according to Walker, as well as anyone with a normal brain pattern, was no. If Walker’s ruling manages to stand up through challenge, there will never be another vote on the marriage rights of LGBT citizens in California. It will be a done deal, and this piece of LGBT equal civil rights will be over, written in stone.
If you haven’t read Walker’s rulings, I urge you to do so. The first ruling is lengthy, at about 138 pages, but the second one is an easy read at just about 11. What’s striking in these statements is the brilliance of how Walker takes every possible question this case might face in another court and rationally and legally explains why those supporting Prop 8 are literally empty handed. Walker did so from a legal and constitutional point of view. There’s basically no rebutting the argument this time. Add to that the fact that the defendants provided zero evidence in court to support any of their claims while the prosecution succeeded in proving every aspect of their case, there may no way for this ruling to be taken down.
After some research today I was educated on how such federal cases as this are decided and especially what boundaries the requests for stays and appeals have to fall within in order to be heard. Once Walker made his ruling, he issued the stay so that the side opposed to the change could make their case for appeal. Two of the main defendants in this case are Governor Schwarzenegger and Attorney General Jerry Brown, both of whom filed court documents on Monday, August 9th, urging Judge Walker to allow legal same sex marriage to begin immediately. One of the criteria for a stay to be issued is that the administrators of the new law, which would be the government of California, must prove undue hardship or objection. Since Schwarzenegger and Brown are clearly in favor of the ruling, and Brown has assured the court that allowing immediate same sex marriage is certainly nothing the state can’t handle. Various other counties have assured the court that there would be no problem with initiating the ruling immediately.
That leaves the legal and civilian defendants in the case. However, since they have no authority or control over the administration of marriage in the state, they face no hardship. Walker states, "Other than proponents, no party seeks to stay the effect of a permanent injunction against Proposition 8…the court denies a stay except for a limited time solely in order to permit the court of appeals to consider the issue..."
Not to mention that in the case of Prop 8, according to Walker, "Proponents replied that they have an interest in defending Prop 8 but failed to articulate even one specific harm they may suffer as a consequence of the injunction", as well as the fact that proponents "failed to present even one credible witness on the government interest in Prop 8".
Basically, there is no case. The opposing side has nothing, and it’s been proven in court. If another court doesn’t oppose Walker’s ruling…well, Walker says it best…"judgment shall be STAYED until August 18, 2010 at 5PM PDT at which time defendants and all persons under their control or supervision shall cease to apply or enforce Proposition 8".
An article in the Los Angeles Times quoted Jon Davidson, of Lambda Legal, as saying that the evidence cited by Walker from the trial will "make it harder for higher courts to make the kind of faulty assumptions and speculations that have appeared in other appeals court rulings". Such things as the theory that children fare better with straight parents and that sexuality is a choice. Both those theories were clearly proven false at the trial.
One of the main qualifications for being granted an appeal is the chance of success. Opponents would have to prove to the 9th Circuit Court that they are likely to win the appeal, Based on the fact that they proved nothing they were required to at the trial, that seems unlikely. A last ditch effort would be to appeal to the Federal Supreme Court, but I seriously doubt they’ll have anything to do with a case that has already been rejected by federal courts in California.
Another interesting development this week was the fact that the ABA, or American Bar Association, the largest legal group in the world with over 410,000 members, issued a statement of support for marriage equality. Even some of the crazies over at FOX News were heard this week to be saying this case may well be over.
So take a deep breath. I had to. I’m still taking them. Not in anticipation of any court overturning Walker, but simply to breathe in the air. It just feels different now. Before this moment I always felt poised on the edge of cliff, and in fear that once again we’d all be thrown over the edge for no valid reason. It’s a very disorienting sensation when you’re certain of the truth of the matter, of the right and wrong, and of the immeasurable piles of scientific and factual evidence in your favor, and you still lose the argument. I’d never felt as I did after the California Supreme Court upheld Prop 8. Their first ruling, granting same sex marriage, made so much sense. Then it was as if they realized the tide of voters was angry and job security was on the line, so they too threw us over the edge.
I never believed we had a chance on marriage equality if left to the voters. I still don’t. However we didn’t seem to have a choice at the time. Especially after our failure with the California Supreme Court, it seemed clear that we were going to have to take this back to the ballot box again and again, and I still don’t believe that if that continued to happen that I would be able to see a victory in my lifetime. I think anyone who believes at this point that we could ever win this through votes isn’t paying attention. The courts, just as it has been with all major civil rights battles of the past, is the only hope. I don’t know what the marriage equality groups who are working to get a vote in 2012 will do, but I hope that they consider how damaging that could be. Hopefully, this ruling will be upheld and the question won’t need to be asked again.
Because if Walker’s ruling stands, at least in California, this issue is over. His writings state clearly that this will final and there will be no more votes on the civil rights of a minority group. And from the looks of it, this could all be over very soon.
It isn’t often that you get to stand in a moment of such historical significance. This is one of those moments. This is a moment of history that holds the power to initiate the process, finally, here and throughout the country, to becoming an equal America. An America where despite what we individually choose to believe, at the end of the day we all have the same rights, privileges, tax breaks and access that everyone else has. This is the United States Of America, and equality for all is what we, as citizens, are obligated to support and protect.
