Prop 8 Wins the Battle, but Certainly not the War

by Michael Jones · 2009-05-26 10:22:00 UTC
Topics:

Prop 8

It's official.  The California State Supreme Court ruled that Proposition 8 should be upheld by a 6-1 vote, thus ending speculation that the ballot measure might be overturned, reinstating marriage equality in the Golden State.  This is not entirely surprising, given the tone of the Prop 8 hearings in March, where nearly every justice seemed to indicate they supported the legality of the Proposition, even if they themselves wouldn't have voted for it.

However, the Court also ruled that the nearly 18,000 same-sex marriages that were recognized before Prop 8 passed will remain legal, thus throwing a small but not insignificant number of same-sex couples into a weird sort of legal limbo where their marriages will have to be recognized, while other gay and lesbian couples have their relationships denied certain civil rights.  Here's the ruling:
S168047

The end result?  Prop 8 may have won the battle, but certainly not the war.  Marriage equality is still spreading fast across the country (five states currently, and up to seven or eight perhaps by year's end).  Tonight, more than 90 cities across the continent will see rallies and demonstrations in support of marriage equality.

And, the Courage Campaign just announced (via email) that they strongly support waging a statewide campaign to put a repeal of Prop 8 on the 2010 ballot, thus ensuring another round in the debate over marriage equality's future in California.

And this time, we'll win.

Michael Jones is a Change.org Editor. He has worked in the field of human rights communications for a decade, most recently for Harvard Law School.
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