Final step? - Page 2

Marriage equality advocates hope the US Supreme Court definitively ends the long quest for justice

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Attorney General Kamala Harris and City Attorney Dennis Herrera discuss the Supreme Court decision.

Like many observers, Harris speculated that Justice Kennedy is the likely swing vote if the court reaches a 5-4 ruling on the issue, and some have speculated that Chief Justice Roberts could also be a surprisingly liberal vote on the issue, as he was earlier this year in upholding Obamacare. And the advocates say their optimism is reinforced by the long and meticulous case for marriage equality that advocates put together in the courtroom of federal Judge Vaughn Walker, whose 2010 ruling the Ninth Circuit upheld.

"We worked really hard to put in the best possible case," Stewart said, while Herrera said, "I can think of no better case to take up than this case...The confidence level of all of us is high."

Yet even if it turns out that there are a few more turns to navigate before justice prevails on what Harris called "the civil rights struggle of our time," the advocates are pledging to win marriage equality in California next year, even if that means going back to the ballot. "We're going to win this fight one way or another," Sup. Scott Wiener said at the press conference, with Sup. David Campos later adding, "the question is whether the Supreme Court chooses to be on the right side or history or the wrong side of history." It was a theme that Lt. Gov. Gavin Newsom — who started us down this path with his unilateral decision as mayor to issue marriage licenses to same-sex couples — echoed in public statement he released: "Today's announcement starts the clock towards the final decision for California. History will one day be divided into the time before marriage equality and the period that follows. And thankfully, we will be on the side of history worthy of being proud of."

Comments

I have to commend the Guardian for giving Gavin any credit at all, but in this case you're giving him way too much. Rather than "start[ing] us down this path," Newsom's courageous act followed several others, starting in the US with the Hawaii Supreme Court's 1993 ruling that that state's marriage laws were discriminatory, followed by Vermont's Supreme Court in 1999 and then Massachusetts' Supreme Court in 2003. It's true that the Hawaii and Vermont rulings ended up resulting in civil unions, but the Massachusetts Supreme Court's ruling virtually ensured that gay marriage would become legal in that state. In February, when San Francisco started issuing licenses, it was clear that there would be no civil union option in Massachusetts and that when the court-imposed deadline of May 17 was reached, gay marriage would be legal. Finally, while Newsom's action was noble and definitely the "right thing" morally, is was fatally flawed from a legal perspective: a court case by a couple deprived of the right to marry was a much stronger case than that by a city deprived of the right to issue licenses; it's no accident that the case that eventually won in the Cal. Supreme Court was one brought by those deprived of their rights, not that brought by SF after its ability to issue licenses was challenged.

Posted by akboognish on Dec. 12, 2012 @ 10:00 am

Same sex marriage is a turd that has been clinging to the queer political sphincter for 25 years now, growing cold and refusing to plop into the toilet.

Like gays in the military, same sex marriage is the shared wealthy gay and hetero vision of what a gay agenda should look like.

Those capable of filing lawsuits did so in the 1980s to start the marriage train wreck down the tracks long before there was any sort of majority support within the queer communities to prioritize that.

Then the heteros began to get involved and lead the parade, leaving us to clean up their droppings. First Clinton promises gays in the military in a glib comment on MTV and then it became "our" priority. Then Clinton went on to pass DOMA.

A few years later, after barely winning election, Newsom, an openly heterosexual politician, was advised to throw a boner to D8 in the form of authorizing same sex marriage.

This was pitched before there was majority support within the queer communities that marriage was a priority and long before popular support could withstand a constitutional amendment challenge.

So Newsom's action, apparently advised by Herrera, led to yet another defeat at the ballot box. For every heroic painting of Newsom, there are many more queers who were bashed as electoral defeat signaled weakness and lowered the barriers to bashing.

What I find interesting is the prurience with which heteros are fixated on the most conservative elements of the gay agenda, marriage and military, often more so than the gays directly involved.

The spectacle of it all, as evidenced by the live video stream of Washington's nuptials, belies the fact that every day, gays and lesbians out of sight in the fly over are denied work and housing simply for who we are.

By the numbers, 1.5% of us would join the military, yet that was our first real federal victory. Hate crimes don't count.

By the numbers, 15% of us would get married, yet that is the second priority.

By the numbers, 99% of us must compete in the housing and job markets, yet those two big ticket civil rights matters are stuck in neutral for a variety of reasons, hetero, homo and trans centered.

This idea that civil rights are best achieved going from most narrow to broadest is novel. There is no precedent in civil rights history for this.

Contrast this with the notion that LGB should not get civil rights until T can garner support and you can see the dysfunctional and self defeating schizophrenia that dominates contemporary queer political theory.

LGBT will not be truly free until our political agenda is self-determined democratically.

Posted by marcos on Dec. 12, 2012 @ 10:24 am

wasn't replaced with "Don't Serve, Don't Kill."

Posted by Eddie on Dec. 12, 2012 @ 9:00 pm

Jason Grant Garza here ... Herrrera is DISAPPOINTED ... take a NUMBER ... what about my DISAPPOINTMENT after I went to EMERGENCY after my soulmate died and was denied by the city. Go to http://www.myownprivateguantanamo.com to see the paperwork and FALSE TESTIMONY that had my case thrown out of FEDERAL COURT (C02-3485PJH) only to sign a confession settlement agreement with the OFFICE of INSPECTOR GENERAL admitting fault and guilt OVER BREAKING FEDERAL LAW ... then the city, DPH and the city attorney left me for DEAD. Yes, the concerned Herrera over EQUAL RIGHTS, JUSTICE, etc ... where is my EQUAL RIGHT to CONTRITION and RESTITUTION after a SIGNED CONFESSION, where is my JUSTICE after they had my case thrown out of FEDERAL COURT with "TESTILYING?" Let the GAMES continue ...

Anyway, it started ALL over again ... go to http://www.youtube.com/watch?v=7cP3jCmJFRo to see. Shall I show you WHAT I HAVE RECEIVED from the city attorney so far? Go to youtube ( Jason Garza ) to see what I got from the sheriff, da and sfpd.

Disappointed ... take a number ... I as a GAY person will be MORE DISAPPOINTED if it DOES NOT GO before the COURT as I would like to know where I stand as a citizen, human being and GOD's creation.

As I had told GAYS all my life ... those seeking to deny, repress and judge ... should have their INHUMANITY CALLED ... what, 10% of the population is gay ... will they PUT 30 million gays in jail if they strike or revolt against the oppression?

Are they going to put EVERY POT SMOKING individual in WASHINGTON state in jail?

Where is the FEDERAL GOVERNMENT on this? Where was it during my constitutional rights to LIFE, LIBERTY and the pursuit of HAPPINESS ? Oh, that is right I've had NO LIFE, NO HEALTH CARE. NO DAY in COURT http://www.tortdeform.com/archives/2007/07/access_denied_no_health_care_... .

Go to http://www.myownprivateguantanamo.com to see the city attorney paperwork and know how far the city attorney will play the propaganda part ... we care, we tried, we are concerned ... until they fail or are busted ... look at my case ... realize after the settlement did they come to me to offer CONTRITION, RESTITUTION or even BASIC HUMANITY ... HOWEVER, I AM NOT HOPEFUL they will EVER DO the "RIGHT THING" since there is NO CONSEQUENCE ... does it remind you of priests and politicians? Promise the world, deliver nothing and when it fails ... not responsible. Sort of what I am going through with the Department of Public Health ... all show, no substance and when exposed NO CONSEQUENCE ...

SO DISAPPOINTMENT I am used to, lies, deceit and INHUMANITY I am used to also.

Keep DRINKING the KOOL-AIDE. Oh and while were at it ... let's ask Mr. Wiener about case # 11048 from the SUNSHINE TASK FORCE that found him guilty of "OFFICIAL MISCONDUCT" ... yes, look over her (see how much I care and am doing) and NOT over here (where I was busted, where I voted against Ross while under suspicion of "OFFICIAL MISCONDUCT") ... maybe we can ask ETHICS since they changed the STANDARD for ROSS will they re-open all the "OFFICIAL MISCONDUCT" cases they failed on ... we can start with my NURSE RATCH case http://www.tortdeform.com/archives/2007/07/access_denied_no_health_care_... or http://myownprivateguantanamo.com/master.html .

"Telling the TRUTH during TIMES of UNIVERSAL DECEIT becomes a REVOLUTIONARY ACT." George Orwell

I know you do NOT believe me ... a signed confession ... this guy is mental ... well here it is http://myownprivateguantanamo.com/settle1.html ... and I still sit here ... NO CONTRITION, NO RESTITUTION, NO JUSTICE, NO HUMANITY however reams upon reams from everyone about how much they care, etc. BEWARE false prophets, false words, and false deeds ...

Posted by Jason Grant Garza on Dec. 14, 2012 @ 7:34 am