Tuesday, April 13, 2010

A STEP BACK IN THE HOPES OF A STEP FORWARD FOR MARRIAGE EQUALITY IN CALIFORNIA ?


Gay marriage measure for November ballot abandoned

MARTIN WISCKOL
A proposed ballot measure that would repeal the Proposition 8 ban on gay marriage has been set aside for the time being, as proponents failed to gather enough signatures to put the measure on the November ballot, according to measure spokesman John Henning.
"This is a heartbreaking moment," said Henning, executive director of Love Honor Cherish. "Despite the dogged efforts of hundreds of volunteers across California, we did not get the signatures we needed within the 150-day window set by the state."
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About 700,000 valid signatures were needed by the deadline today.
Henning said activists are now planning to qualify the measure for the 2012 ballot. Many in the movement had advocated against the 2010 ballot measure, saying the odds of passage would be better in 2012 - in part because a younger generation of voters, who are typically more open to gay marriage, would be going to the polls.
Henning said this division hurt the 2010 effort, because many big donors were withholding contributions for a later initiative drive. That money is needed to hire professional signature-gatherers, he said.
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This is extremely disappointing and a set back on the road to marriage equality and fairness in California. I can certainly understand the hesitation from some members of the LGBT community about a ballot measure so soon after the passing of Proposition 8. There are broader issues here to examine though. The community continues to be divided between action now and action at a more advantageous time. I strongly believe that it should go on the ballot every year until we pass it. Fighting for your rights and equality can not be dependent on the ability from the rest of the population to stomach and accept them. Standing up for what is right can not wait until a more "opportune time" arises. The commitment to achieve the balance between heterosexual and homosexual couples and their rights must be continuous. 
Some members of the community express that we should wait for the court decision at the Federal level as another stepping stone in the process. Lets say for argument's sake that the court decides that Proposition 8 was unconstitutional and therefore null and void. The proponents of the marriage ban can then go to the Appellate Court and sue. lets say again for the sake of continuing the argument that the Court of Appeals lets the decision stand. It can be assumed that then it will be appealed to the Supreme Court which could either accept or refuse to grant the petition of certiorari. That is the gamble at stake here and with such a right leaning court currently in place, the worse could certainly be expected. One must remember that a decision by the Supreme Court can not be appealed. The movement better have their arguments ready already as this confrontation will surely be expected.
Hence why the rationality in continuing to demand every election cycle for equal rights is paramount. The Supreme Court might be more hesitant to overturn a state's right . And now we are back to the whole question of Proposition 8 as a state law implemented by the majority of voters.That is why there is merit in fighting it every chance we get at the polls. The battle between laws that are "shoved down people's throats", as explained by the right wing conservatives and laws needed to rectify social injustices will go on as we continue to grow as a nation on a path to a true democracy.
Regardless of how we move forward and approach this righteous battle, one undeniable truth persists: there are now three different classes of citizens when it comes to the marriage equality issue in California. The ones that can not marry due to the passage of Prop.8, the ones that were married prior to the passage and whose marriages the CA Supreme Court did not invalidate and the heterosexual couples that can marry at anytime as a right. I will wait and see what the court decision is and continue to work and support the ballot measure for 2012. I will hold the line but grudgingly so. Hope certainly springs eternal.

-George David Perezvelez

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