One more step toward overturning Prop 8

JUSTICES FROM a federal appeals court ruled that Proposition 8, the California ballot measure that outlawed same-sex marriage, is unconstitutional--stirring pride and celebration among the many thousands of people who organized against the ban since it passed in 2008.

A three-judge panel from the 9th U.S. Circuit Court of Appeals voted 2-1 to uphold a 2010 decision by a federal judge that struck down Prop 8 on the basis that it violated the civil rights of same-sex couples. The new ruling won't go into effect for 21 days to provide an opportunity for appeals. If Prop 8 supporters appeal, which is almost certain, the marriage ban will remain in place until a higher court decides it.

Nevertheless, marriage equality defenders celebrated a new step forward against Prop 8. At an evening event in San Francisco, Kelly Rivera Hart, an interfaith minister, told the crowd: "We didn't get it as far as we need, but we're closer. I personally would like to see couples get married now. We should be done with this, but we still have more struggle."

The appeals court judges were upholding a decision against Prop 8 made in 2010 by Judge Vaughn Walker. Walker's ruling--which came after the California Supreme Court outrageously let the ballot measure stand--was a strong statement against the bigotry of denying equal marriage rights to same-sex couples. As Walker wrote in his opinion:

[T]he evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.

Two of the three judges on the 9th Circuit panel affirmed this argument.

Predictably, the right wing lashed out. Christian Right holy warrior Rick Santorum declared that the new ruling harmed the "foundation of our society." was furious. "Today's decision by the 9th Circuit is another in a long line of radical activist rulings by this rogue circuit--and it is precisely why I have called for that circuit to be abolished and split up," Santorum said.

The state of California has refused to appeal the unconstitutional ruling, but right-wing supporters of the ban have the right to do so on their own, according to the courts. Another appeal is certain. Prop 8 supporters ask the full 9th Circuit to hear the case--but they are more likely to jump straight to the U.S. Supreme Court.

Opinion is divided about what would happen in Washington. Republicans have succeeded in packing the Supreme Court with conservative justices, led by fanatics like Antonin Scalia.

But the national climate is continuing to shift on the question of gay marriage--in no small part due to the upsurge of activism caused by Prop 8's passage three years ago. A new movement for LGBT equality took to the streets, becoming another weight pulling public sentiment in favor of equality and justice.

The last three years have not been without setbacks, but marriage equality made passed a new milestone last year when New York state legalized same-sex marriage last July.

Even if the appeal goes to the Supreme Court, the right can no longer claim overwhelming opposition to gay marriage--and in any case, the arguments against it become more and more contorted. As Chris Flood, president of San Jose's LGBT community center said in the wake of last week's ruling: "Civil rights are civil rights--you can't tell some people they can get married, and some people that they can't. Unless they try to create a separate institution equal to marriage, it has to be marriage."

SUPPORTERS OF equality celebrated the latest step forward for same-sex marriage.

In San Francisco, as many as 200 people gathered for a morning rally at the federal courthouse to hear the decision. They then marched to City Hall.

In the evening, at a rally at the San Francisco LGBT Community Center, numerous speakers celebrated the victory. Stuart Gaffney, who married his partner in 2008, told a reporter, "My husband Stuart and I have been together for 25 years, and we are one of the lucky ones, because we were able to get married in 2008 before Proposition 8. So we are standing with all the couples who want to be able to get married, and we hope there will be no more appeals of this case."

Another evening event, a press conference, featured Kristin Perry and Sandra Stier, the couple whose lawsuit led to the decision that Prop 8 was unconstitutional--as well as their 17-year-old twin sons Spencer and Elliot. "Marriage equality is the next step for finally showing California that my parents are equal, that my family is equal," said Spencer. "This ruling means that in the eyes of the government my family is finally normal."

In San Diego, some 250 community members gathered for a enthusiastic march and rally to celebrate the 9th Circuit ruling. Organized in less than 24 hours with input from a wide variety of LGBT organizations, the rally took place in front of the Joyce Beers Community Center in the Hillcrest neighborhood.

Rally-goers made impromptu speeches acknowledging the day's victory, but were quick to point out that we still have work ahead of us. Among the demands raised were protections for same-sex spousal benefits and trans people in the military, an end to the federal Defense of Marriage Act (DOMA), support for San Diego's Equality 9, and protection of California's FAIR Education Act.

Among the attendees were activists with Occupy San Diego, which has suffered continued suppression of free speech. Other participating organizations included San Diego Alliance for Marriage Equality, Canvass for a Cause and San Diego Pride.