In a major ruling that is sure to open the way for an intensification of the struggle against homophobia and centuries-old oppression of LGBT people, the California Supreme Court ruled on May 15 that the California constitution protects the basic right of same-sex couples to marry.
|
“Our state now recognizes that an individual’s capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual’s sexual orientation,” wrote Chief Justice Ronald M. George. “An individual’s sexual orientation—like a person’s race or gender—does not constitute a legitimate basis upon which to deny or withhold legal rights.”
Flying in the face of both major presidential candidates, John McCain and Barack Obama, the ruling affirms that so-called “civil unions” for same-sex couples amount to second-class substitutes for true equality and that such measures impose “appreciable harm” on the tens of thousands of same-sex couples and their children living in California.
The 2006 census estimates that there are about 108,000 same-sex households in California, and that about 25 percent of these include children.
The ruling, coming from a majority Republican-appointed court, sparked spontaneous celebrations and demonstrations across the state. Predictably, right-wing groups and prominent bigots immediately expressed shock and horror at the ruling, outrageously claiming that legitimizing same-sex marriage would spell disaster and, according to some, hasten the end of civilization.
Activists and community leaders vowed to mount a militant and broad-based grassroots campaign to defeat a right-wing initiative that will be on the ballot November 4. This deplorable ballot measure to amend the state constitution to ban same-sex marriage rights—and thus overturn the court’s ruling—is an attempt to stoke the fires of hatred and bigotry.
An important part of the ruling compared the extension of full marriage rights to same-sex couples to the landmark 60-year-old ruling of the California Supreme Court that upheld the right of interracial couples to marry. Bigots and racists denounced that ruling in the same way as the current same-sex ruling. Shockingly, when the U.S. Supreme Court ruled on the matter in 1967, there were 16 states in the United States that still outlawed interracial marriage.
On June 5, the California Supreme Court refused a right-wing appeal to delay the implementation of their ruling until after the November 4 election, thus setting June 17 as the day when state agencies can issue marriage licenses to same-sex couples. Thousands of couples are expected to obtain marriage licenses starting that day. Caterers, wedding planners, hotels, boutiques and flower shops are gleefully anticipating a surge in business for same-sex weddings around the state. Some economists are estimating that the state budget, deeply in the red, could gain as much $700 million in tax revenues.
Governor Schwarzenegger, who previously vetoed two bills passed by the California legislature that would have granted the right of all to marry, has stated that he will abide by the Supreme Court ruling and oppose any effort to overturn it through a constitutional amendment.
This victory, so long in coming, has emerged as the result of decades and indeed centuries of militant struggle by countless LGBT people and their supporters. It reflects a growing understanding among large numbers of workers who have responded favorably and thoughtfully to the message of equality that the struggle represents.
A California Field poll released on May 28 shows that 51 percent of registered California voters support same-sex marriage while only 42 percent oppose it—the first time that results indicated a majority support since the Field Research Corporation started a poll asking the question 24 years ago. The poll also indicates that 54 percent oppose amending the state constitution to ban same-sex marriage, 40 percent favor an amendment.
The progressive trend indicated by the Field poll is hardly a reason for progressives to put their guard down. Undue overconfidence will only play into the hands of determined and resourceful right-wing elements committed to rolling back the recent historic victory of the LGBT struggle in California. To defeat the inflammatory and well-funded right-wing movement and their reactionary ballot initiative, it will be necessary to mount a broad campaign that communicates with all the diverse communities and nationalities that constitute the California working class. Victory will require a strong, focused, and militant fight.
The Democratic Party leadership, cringing spinelessly in fear of a “wedge” issue, will undoubtedly sidestep the issue of same-sex marriage rights in the same way they refuse to overturn the Defense of Marriage Act or the notorious “Don’t Ask, Don’t Tell” anti-gay dogma of the U.S. military. For that reason, there must be a campaign that goes directly to the people with the slogan “Equality for All, Defend Same-sex Marriage Rights Now!”
This historic ruling will resonate throughout the United States and the world. It will invigorate and deepen all movements for social justice. It is an important turning point on a long road that will eventually secure federally mandated equal marriage rights for all.
