Yay, equal marriage!
As of today, the fact that the person you love shares your gender is no longer a barrier to marriage in California. Huzzah! Here's to the many couples who will marry today -- and hopefully live happily ever after.
And for a reminder that marriage isn't the be-all, end-all of queer activism, listen to our gal Miriam on WBUR (Boston's NPR affiliate).
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I am absolutely thrilled! As someone who has never been the hugest cheerleader of marriage in any of its forms, I know this is not the be-all-end-all of queer activism, but as long as they're offering marriages through the state, they'd better be offering ME one as well. To do otherwise is just wrong.
I am so happy for everyone in CA who is able to make their dreams come true today after waiting for so long, and so hopeful that the anti-gay ballot initiative is defeated in Nov. because my fiancee and I are planning to marry in June, and it would be lovely for it to be legally recognized.
I, for one, intend to rally strongly against that atrocious proposed amendment. Something like that would take the question directly to the US Supreme Court (it would absolutely be challenged immediately) -- which, with today's makeup, makes me awfully nervous.
LlesbianLlama, I don't think the amendment would have an impact on your marriage, even if it does pass. Because the California constitution as it exists *now* requires the state to permit you to marry a member of the same sex. If we change the Constitution, that doesn't mean you didn't have that right at the time. The government can't limit rights regressively -- it can only impose prospective limitations. Otherwise women who had late-term abortions that have now been banned, before they were banned, could be prosecuted. Which would be absurd. At the time, they were acting wholly within their rights -- just as you will be.
Oh, I didn't even think -- I assumed you meant this month, rather than next June. If you meant next June, then just ignore me :)
Thanks for the support Law Fairy-
I did indeed mean next June, but you're definitely not the only one I've confused by saying that!
We figured it would be extremely unlikely that existing marriages would be annulled, but it's apparently a possibility? I haven't read that much about it.
And UGH about the US Supreme Court getting involved. That is one of the most frightening things about this for me. The current composition of that Court is NOT going to be doing me any favors anytime soon. I think it's also one of the reasons that gay rights legal advocacy groups are asking non-CA residents getting married in CA not to sue their home states before they're able to get a more strategic approach down. *sigh* This will take awhile, but it's nice to see so many dedicated people devoted to it. :)
Congratulations to all human beings that want to fulfill themselves in any healthy manner they see fit!
Onto other hot news: Has anyone seen this yet? Yep, it had to happen---A videographer (I use that term loosely) has posted his "feminsting, fuck you" on YouTube. Of course, his post is *really* thoughtful and sooooo *witty.* (sarcasm) But, it just stinks, because now this garbage will come up in a feministing search. Anyways, hope you guys don't have too bad of a case of the Mondays!
Wishing all of the CA couples joy!
i am so proud of my state today! i will be doing everything in my power to make sure that constitutional amendment has epic fail come november.
Thanks for posting this, especially the link at the bottom. I'd also like readers to question--is marriage liberating for queers?
In my personal opinion, it's not. Soon we can see all the queers fit it in our suburbs, with children and a white picket fence (yuck!). I believe Civil Unions are the way to go, for all people. Then we can all have equal rights--be able to make decisions for our partner when she/he/ze's not able to, etc.
I'm down for any cause that creates equality, but personally, I hope the patriarchal & conformist institution of marriage is dismantled :)
Does this actually confer all of the rights and responsibilities of marriage? I hope so, but I can't help being skeptical.
Man. It's rare, given the shit they tend to take, but every once in a while I wish I was gay for a day just so I could feel what it was like to be emancipated a little. (This is probably the sole disadvantage to being born white, straight, male, and middle-class. And if that sounds horribly shallow, well call me Kiddie McWadingpool.)
I agree, Amanda -- except that I think that marriage should be not dismantled but simply left to the religious and other institutions that want to bother with it so that the federal government should confer and recognize only civil unions between adults of any gender identity. That way, any same-sex couple can gain the same legally committed status as any hetero couple, and they can take up the issue of marriage with their individual churches if they care to.
(I've never understood why this hasn't generated more traction, personally. After all, wouldn't many self-professed defenders of marriage be just as happy to let their fundamentalist churches do the gay-rejecting? Wouldn't they be just as happy with the federal government not stepping on their toes over marriage?)
Law Fairy said: "I, for one, intend to rally strongly against that atrocious proposed amendment. Something like that would take the question directly to the US Supreme Court (it would absolutely be challenged immediately) -- which, with today's makeup, makes me awfully nervous."
I won't get into Con Law for another few months, but since this is a nonenumerated right, wouldn't it fall under Amendments IX and X, and since this would be an Amendment to the State Constitution, would SCOTUS have any ability to even hear an appeal?
Amanda -- I understand your point of view, certainly, and I agree with it to a certain extent. But a lot of people just want to be people who do normal people things. Most of the gay couples I know may want a picket fence and a home in the suburbs or whatever their version of "normal" life is, and they resent the fact that their very relationship is a political issue. Why shouldn't they have the choice, like straight people do, of just living their lives? This is, at heart, what I think the gay marriage issue is about, and why it's such an important one.
WOOOO!!! Lets hope initiatives like this steamroll throughout the U.S.! I hope to see homosexual marriages well established in the near future (fingers crossed). I hope some republican dipshit doesnt undermine it.
WOOOO!!! Lets hope initiatives like this steamroll throughout the U.S.! I hope to see homosexual marriages well established in the near future (fingers crossed). I hope some republican dipshit doesnt undermine it.
Theaetetus, you're right about Amendments IX and X -- but state laws are also subject to the due process requirements of XIV, which means it *would* be appealable to SCOTUS. Obviously, pursuant to Amendments IX and X, states can recognize *more* rights than the federal government recognizes except to the extent they interfere with other federal laws and regulations (e.g., the dormant commerce clause). But they can't recognize fewer rights -- so if it is the case that the 14th Amendment requires that gay couples have the same rights as straight couples, then any state law purporting to grant fewer rights to gay couples than to straight couples would be struck down. A ruling like that would also have the effect of invalidating DOMA. It's a tasty thought, but unfortunately the makeup of the court doesn't make it seem likely any time in the near future.