Monday, November 10, 2008

Where Does Our Hope Come From?

What I fail to understand is how come we haven't heeded the advice of Sandra Day O'Connor, who, upon retirement, said that she believed the greatest challenge facing the S.C. in this century would be the question of gay rights. Proposition 8 should be taken to the Supreme Court as a violation of the Establishment Clause–the heretofore established right of same-sex couples to marry in California has been impinged upon. Churches that choose to marry same-sex couples have been legally forbade to do so. How hard is that argument to make, anyway?

Many voices have said that the dichotomy of civil marriage vs religious marriage is a simple legal question. Either remove "marriage" as a legal term, or make it available to all. Why has no one yet brought this to the very place Mrs. O'Connor foreshadowed that we would? The first decade of the 21st century has almost passed us by, and still we wait.

Oh, and our "friends" in the media? Hardly a peep. Our "friends" in hollywood? Ditto.

They've got all the "different" that they need right now. So we're kicked to the curb.

No, our hope doesn't come from the oft-sought comforts of stereotypical "gay political havens" like the democratic party. It comes from here:

Reporting from Sacramento and Lake Forest -- Gov. Arnold Schwarzenegger on Sunday expressed hope that the California Supreme Court would overturn Proposition 8, the ballot initiative that outlawed same-sex marriage. He also predicted that the 18,000 gay and lesbian couples who have already wed would not see their marriages nullified by the initiative.

"It's unfortunate, obviously, but it's not the end," Schwarzenegger said in an interview Sunday on CNN. "I think that we will again maybe undo that, if the court is willing to do that, and then move forward from there and again lead in that area."

We will see.


John said...

The California Supreme Court is up for re-election in 2010. Odds are they won't touch it with a ten foot pole. Although we don't like to think of the judiciary in expressly political terms, they do make strategic decisions based on the reality of a given situation. And make no mistake about it, judges care about their own job security as much as the next person.

I think we may have to accept that - aside from states that don't allow voter initiated referendums like Connecticut - the United States will not have stable and lasting same-sex marriage laws anytime soon. If you and Norm do want to tie the knot, I hear Cape Town is lovely this time of year. Nice and warm under the South African sun.

Jamie said...

Actually, if I'm going to travel that far I'll be going to Spain. According to my grandmother, god rest her soul, we're descended from Spanish Royalty.

You may bow.

Pat said...

Jamie, are you a Bourbon or a Hapsburg?

Yeah, Spain would be cool to go to. Ibiza sounds nice.