I haven’t written about Prop 8 yet.
Nothing can dim my utter euphoria at the election of Barack Obama as the 44th President of the United States, which will have much greater consequences for our country and the world than the passage of Prop 8. But Prop 8’s passage is very disappointing nonetheless.
Still, all is not lost. California’s gay couples will still have the option of domestic partnerships that approximate marriage in all but name. This is not ideal, but ain’t beanbag. Same-sex couples can get married in Massachusetts and Connecticut, and probably next year in New Jersey. New York recognizes same-sex marriage, as long as the marriage is performed elsewhere.
Also, it’s ridiculously easy to change the California constitution. As attitudes on marriage equality continue to progress, same-sex marriage in California is more likely to become permanently legal. We’ll just have to continue to fight, that’s all.
Gay rights groups have filed lawsuits against Prop 8. I don’t think this is a good idea. Not only is it awful public relations, but it will probably lose.
The reason civil unions and domestic partnerships are not good enough, and will never be good enough, is because of the intangible advantage marriage brings: social respect. There are tangible advantages to marriage as well, such as: while everyone knows what marriage is, civil unions and domestic partnerships are harder to explain to the hospital administrator when you need to visit your partner there. But in a large part, this is about the respect that equality brings.
The defeat of Prop 8 shows that we don’t have enough respect yet. (And the irony that black Californians voted 70-30 in favor of Prop 8 is painful.) Which comes first: respect, or the right to marriage? Or does one reinforce the other?
Time is on our side. It will take longer to achieve success than we thought.
But time is on our side.
Finally, Dale Carpenter has written the best thing I’ve seen so far about all this.
