Wednesday, May 27, 2009

California Supreme Court Ruling

On balance, I actually see it as a plus.

The court didn't rule on the substance of marriage equality (other than we can have all the rights of marriage, just not the word marriage. While I think we have to claim the marriage word, and wonder if this is consistent with the court's previous ruling, I'll leave this one be for now).

And the reason I'll leave it be is that the court left the 18,000 couples who married while they could stay married. Their existence and daily lives among their neighbors and coworkers will help defuse this issue. They will help make gay marriage seem normal to those who find it alien. It helps set the stage for repealing Prop 8 at the ballot box, as surely it must be.

A victory at the ballot box is a stronger victory for us, it will have more positive implications nationally and robs the right of one of it's most relied upon crutches, the specter of "activist judges."

While a short-term disappointment, I think the stage was set for a long-term and stronger victory.

1 comment:

lacochran said...

Reading about the decision, I was angry (they let the ban stand) and then surprised (they let the existing marriages stand). This seems like a contradiction. I'm happy they at least had some decency about the existing marriages but I also think it says a lot about the cognitive dissonance they're feeling.