Showing posts with label California Supreme Court. Show all posts
Showing posts with label California Supreme Court. Show all posts

Wednesday, May 27, 2009

In the Case of: Your "Rights" Vs. My Life

I truly understand that the right of the citizenry to propose changes to the legal documents that guide their society is most certainly sacred. I also think that, as Americans, we have a duty to be active participants in our own government, and that we must never fail to make our voices heard on those issues that affect our very lives. I believe these things, and though it seems to me that too many of my fellow citizens are too often too ready to dig the heel of permanent second-class citizenship even deeper into my figurative throat, I still agree with what President Lincoln told Congress in 1862 in the very midst of the bloodiest war ever waged on American soil: even with "the fiery trial through which we pass", the United States of American remains the "last best hope of earth."

Having said that, anyone who has ever read anything I've written on LiveJournal or on my own blog will not find it surprising that I am more than just a little displeased with the ruling yesterday from the California Supreme Court regarding equal marriage righgs. As I stated before, I get the idea that free people have the right to change the laws when they feel a change is needed. Intellectually, I understand that right. What I don't understand is when it became acceptable to use the state's most sacred legal document to take rights away from ONE GROUP OF PEOPLE. What I have a problem with is why 52% (or whatever percentage it happens to be) of citizens believed they were imbued with right to decide that another group of citizens are not entitled to be treated fairly & equally under the law. And what neither the California Supreme Court nor any other entity or person can ever convince me of is that any of us are ever completely safe from the loss of liberty at the ballot box simply because most people want to take that liberty away.

Today it's GLBT people because we've made ourselves targets by refusing to abide our closets any longer & just sit in timid silence while ugly lies stand unchallenged, but if you believe that this brand of malicious "justice" ends with us, then you have no idea the genie that has been loosed from the bottle. The people who pushed & paid & prayed for Prop 8 have most certainly been heartened by their "triumph" in the highest court in the Golden State, to be sure, and they may feel that the enemy has been slain. Today these citizens celebrate what they have so proudly taken from their compatriots. I imagine that these scared little people must find a measure of safety & comfort now that GLBT people have been put in their place.

What they do not know & cannot understand is that what they have been allowed to take from us (and, though I live in Florida, it is my "family" in California who have been hurt, so I have been hurt) means infinitely more to those of us from whom it has been taken than to those who have taken it. They may never grasp that we cannot let it stop here, and that we cannot allow ourselves to be vanquished, and that while they fight for their "beliefs" & their "opinions", WE ARE FIGHTING FOR OUR VERY LIVES. There truly is no comparison.

We cannot afford the luxury of taking time to feel sorry for ourselves or to have a moment to mourn our loss; too much hangs in the balance--too much has already been lost. And, though I hate the idea of it, we will almost certainly lose again, if not in California, then in another place just like it, where fear & lies obviously speak louder than those of us same-sex-loving people who seek only to live our lives quietly yet openly, just like those citizens who somehow feel they are entitled to a little more equality than some other citizens.

If we "win" or if we "lose" these grand battles that must surely be fully engaged by GLBT people & our straight allies, I hope we will be driven by something else President Lincoln once said: “I am not bound to win, but I am bound to be true. I am not bound to succeed, but I am bound to live by the light that I have.”

Remember, it is only light of truth that can dispel the darkness of ignorance & fear...even ignorance & fear with an official government imprimatur on it.

Under the cut below, you will find a post about this subject by Rob Thomas on the Huffington Post (yes, he of Matchbox Twenty), which I found pretty enlightening for a mere musician ;-).

I love the title of his post, too, The Big Gay Chip on My Shoulder


The Big Gay Chip on My Shoulder

I am a straight man, with a big gay chip on my shoulder.

A while back on my Twitter page (yes, I know how ridiculous it sounds), I mentioned that, if I believed in the devil, Pat Robertson might be him.

Being a fairly liberal-leaning guy with either liberal friends or Republican and Christian friends who don't believe that being one has anything to do with the other, I was surprised at how many people took offense to what I had to say.

These people weren't friends of Mr. Robertson but friends, apparently, of God. They had "spoken" with him and he had assured them that he was no friend of the gays. He also told them that he loved America more than any other country and was a huge fan of Dancing With the Stars.
The small controversy or "Twitter-versy" (patent on phrase pending) all started when I had made the mistake of asking why two people of the same sex shouldn't be able to make the same life-long commitment and (more importantly) under the same god, as straight people. Why can't my gay friends be as happily married as my wife and I? It seemed simple to me, but let me start off by telling you a series of things that I believe to be true:

I am a person who believes that people are born gay. I don't think you have any control over what moves you or to whom you're attracted. That's why it's called an attraction and not a choice.

I believe that America is a great nation of even greater people. I also believe that anyone who says that this is a "Christian nation" has RHS, or revisionist history syndrome, and doesn't realize that most of our founding fathers were either atheist or at least could see, even in the 1700s, that all through Europe at the time, religion was the cause of so much persecution that they needed to put into their brand new constitution a SEPARATION OF CHURCH AND STATE so that the ideals of a group of people could never be forced onto the whole. (I also find it funny when people point out to me that it says "one nation under god" in our pledge of allegiance, not realizing that this was an addition made in 1954 during the communism scare of the McCarthy era. It's not surprising, however, knowing that these same people would punch me in the mouth if I called Jesus a Jew.)

I believe the fact that an atheist, who doesn't believe in God at all, is allowed to enter into the holy land of marriage while a gay Christian is not, shows that this law is arbitrary. Are we to believe that anyone who doesn't live their life according to the King James Bible isn't protected by the same laws that protect those who do? Using the same argument that I've seen on the 700 Club, that would mean that Jewish, Hindu, or Muslim weddings are also null and void.
I believe that to deny this right to the gay population is to say to them, "this god is not your god and he doesn't love you." There isn't one person who is against gay marriage that can give me a reason why it shouldn't be legal without bringing God or their religion into it. Still, I'm amazed at the audacity of a small, misdirected group of the ultra-conservative Christian right wing, to spend millions of dollars, in a recession, on advertisements to stop two men or women who love each other from being able to be married, but when you present any opposition to them, they accuse you of attacking their religion. Isn't it funny that the people who are the quickest to take someone's basic rights to happiness are always the loudest to scream when someone attacks their right to do so?

But this isn't a paper about religion. How could it be? Since we clearly have a separation of church and state, how could a conversation about laws have anything to do with religion at all? I'm writing about basic civil rights. We've been here before, fighting for the rights of African Americans or women to vote, or the rights of Jewish Americans to worship as they see fit. And, just as whites fought for African Americans or Christians for Jewish Americans, straight people must stand up and be a voice for gay people.

I've heard it said before, many times, that if two men or two women are allowed to join into a civil union together, why can't they be happy with that and why is it so important that they call it marriage? In essence, what's in a name?

A civil union has to do with death. It's essentially a document that gives you lower taxes and the right to let your faux spouse collect your insurance when you pass away. A marriage is about life. It's about a commitment. And this argument is about allowing people to have the right to make that commitment, even if it doesn't make sense to you. Anything else falls under the category of "separate but equal" and we know how that works out.

The support of legalizing gay marriage is in no way meant to change the ideals of the section of Christians who believe that homosexuality is a sin. But we should refuse to let other people's ideals shape the way we live our lives. Each of us has a short ride on this earth and as long as we stay in our lane, and don't affect someone else's ride, we should be allowed to drive as we see fit.

Saturday, February 28, 2009

Hi-"Fidelity"

I had first heard of Regina Spektor when she gave the California Courage Campaign permission to use her song, Fidelity, to lend a little musical assistance in the fight for equal marriage rights & to overturn California's Proposition 8.

When I had heard the California Courage Campaign was working to get the word out about the dangerous precedent that Prop 8 would set in allowing 50% + 1 of the population to take away the rights of their fellow citizens, I posted about it in this blog, and I included a video of Regina's song created by the CCC that presented pictures of some of the real people & real families that would be legally hurt if Prop 8 were allowed to stand.

Today, I found Regina's song on YouTube with the original video she created for it. This video, of course, does not mention equal marriage rights, but I think it is a cute & visually appealing little video (well, maybe "little" isn't the right word since--as of the writing of this post--nearly 10 MILLION people have viewed the video on YouTube).

I've personally have always believed that an honorable cause deserves a knock-out theme song, and this catchy little tune by our Ms. Spektor--in my mind--more than fills the bill...

Saturday, February 7, 2009

Please Don't Divorce Them Redux

In spite of what the world has shown me in my 46+ years, and against all apparent reason, at my core, I am an optimist--sometimes obstinately so. :-)

Having endured a closet that almost killed me, and having slowly but surely started to re-claim my faith & working to come out as a gay follower of Christ, I suppose in my mind & in my heart, I really can't help myself. God has shown me that the old line is true: it IS darkest before the dawn.

Even with an abiding faith that, as the email from the California Courage Campaign stated, this "shameful attempt to nullify these unions will not be vindicated in the eyes of history" & that "love will prevail, no matter how hard they try to fight it," I have also come to understand that faith without words is dead.

Of all that my Lord has taught me since leaving the prison I had built for myself, my eyes have been opened to the undeniable reality that my own broken heart simply cannot stand as a reason to stop fighting; those Christian Soldiers out there who see "abomination" in how we love, and who see us as enemies instead of siblings in Christ really do count on our being too demoralized to speak up & to stand up for our own hearts & our own lives.

It's not enough to not-so-simply know that I am right in believing that even GLBTQI people were made in God's image, and that we are loved just as we are...warts & all, as they say. It's not enough to know that following where the heart that God gave me leads me, and being truthful to myself & to the world is no sin. It's not enough to refuse to hide anymore. It's not enough to merely hope for better.

I know that "love is patient, love is kind...it always protects, always trusts, always hopes, always perseveres," and I know that it is life-changing love that provides the impetus to keep going when sometimes all else seems lost, and--while "they" may not realize it yet--Love is what "they" are truly fighting here. I'm pretty sure that those who would, with ugly pride, attempt to put asunder what God has brought together know not what they do, and so it is up to each of us--unwilling to forgo this most noble of human endeavors simply to validate someone else's dogma--to remind them every...single...day that the enemies they have created in the dark recesses of their minds & against which they preach their Gospel of Exclusion bear no resemblance to the virtual Army of Lovers--and those who support our equality--who fight for a higher & much more sublime purpose than simply the right to do with our genitals as we please.

For so much of my life, it was other people who fought the fight for me, because I was too weak & too hurt to fight for myself, but--THANK YOU, GOD--those days are gone.

Part of my own spiritual rehabilitation is speaking out & screaming as loudly as I can & to as many people as I can that the Emperor Has No Clothes, and reminding the world (or as much of the world as I--as one person--can reach) that this whole fight is not about how I love, but that I love...and that's why I know we will yet see victory...even if not in my own time on this earth.

In this battle, those who fear & lie about us don't seem to be on the same page as the rest of us. "They" think they are fighting people who toil endlessly to be able to have the right to engage in what "they" have determined is "perverted sex," not knowing--or, at least, not admitting--that what we are really fighting for is our hearts' desire.

The true bottom line here is that we have so much more on the line in this fight than "they" do, so maybe they really can't fully understand that we can never give up, and we can never give in because--while they are fighting for what they believe is their "Godly cause"--we are fighting for our very lives.

To me, there is simply no comparison.

Thursday, February 5, 2009

Please Don't Divorce Them

The California Courage Campaign reports that Ken Starr (of Clinton-Whitewater-Monica-Lewinsky infamy) & the Prop 8 Legal Defense Fund will present their case to the California Supreme Court starting on March 5, 2009 demanding that the Court void 18,000 marriages of same-sex couples that were legally performed between June 16 & November 4, 2008 in that state. The same court that ruled that citizens of the State of California could not be denied the right of marriage by mere virtue of their sexual orientation will hear Starr’s pleas to not only deny those self-same citizens of the right to marry, but to validate the idea that a minority’s rights are subject to plebiscite. Ken Starr & his minions will, in essence, seek to force divorce on all those couples who simply took advantage of their right to make a legal bond with the person they love.

Even though I don’t live in California, I am on their email list & I got an email from the Courage Campaign today that updated the status of the fight in the Golden State. They included a music video made by the Courage Campaign with pictures of some of the loving couples & their families who will be affected by whatever the California Supreme Court decides (a ruling is expected by the end of June, 2009).

The song in this video is entitled, “Fidelity” by Regina Spektor, who gave full permission to use it in the battle to overturn Prop 8 in California.

After watching the video, I hope you’ll do what I did and sign the online petition standing against what Ken Starr is attempting to do. The last paragraph of the petition states simply:

As Americans who believe in the rule of law and fundamental civil rights, we know that Ken Starr and the Prop 8 Legal Defense Fund's shameful attempt to nullify these unions will not be vindicated in the eyes of history. We know that, ultimately, love will prevail, no matter how hard they try to fight it.

So simple, right??

The email I got today started off by stating, “This video will break your heart,” and it did, but it also reminded me that the Good Fight still needs fighting & that good people can no longer just sit on their hands.



Wednesday, June 4, 2008

Justice Delayed???

http://www.advocate.com/news_detail_ektid55319.asp

Not in the Golden State!

Also, I just feel the need to remind myself: 6 of the 7 justices on the California Supreme Court are REPUBLICANS! I just cannot believe I just typed those words...

California Gay Marriages on Track to Begin June 17

Same-sex marriages in California can begin this month, declared the state's supreme court on Wednesday.

In a 4-3 vote, the justices rejected a request by conservative groups to stay their May 15 ruling legalizing same-sex marriages until voters have a chance to vote on their legality in the November election, reported the Los Angeles Times. With the court's refusal to stay its ruling, California counties can begin issuing marriage licenses to same-sex couples beginning June 17.

An initiative that would amend the state constitution to ban same-sex marriage -- and nullify the court's decision -- has qualified for the November ballot, California's secretary of state announced Monday. (The Advocate)

Thursday, May 15, 2008

"...an individual's capacity to establish a loving & long-term committed relationship with another person...does not depend upon...sexual orientation"

"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..."
California Supreme Court Ruling S147999

Even the Governator of California says, "I respect the court's decision and as governor, I will uphold its ruling...and, as I have said in the past, I will not support an amendment to the constitution that would overturn this (ruling)."

Apparently the same infamous US Supreme Court that installed Dubya as President of these United States 7 long, long years ago may still yet be able to undo the right thing done today by California's Supreme Court with an appeal of today's ruling, but for today, at least, the Golden State has never been more golden!

WARNING: Expect to hear the "liberal media" talk about how badly this will damage Obama's chances in November. This old line has just been done to death! Call me overly-optimistic, but, ever since John McSame's home state of Arizona narrowly rejected the "Gay Marriage Ban" in 2006, I have begun to suspect that the fear-mongers of the RRR (Radical Religious Right) have begun to run out of juice, as they say, on the subject of marriage equality. They just can't scare most people now with talk of the great threat people like me pose to the "sanctity of marriage". Most folks nowadays have too many threats that are more real & more tangible to them than the monster called GAY MARRIAGE: like the cost to fill their gas tanks & the war-without-end in Iraq & a government that has become the enemy of the governed & is slowly squeezing the life out of the same rights it says it’s fighting to protect & what happens if they or a family member gets sick or hurt & doesn't have health insurance or if the health insurance they have won't even cover their particular situation & wondering how to they can afford their prescriptions and their groceries & how they can pay for college for their kids, etc., etc., etc., etc.

MSN story here: http://www.msnbc.msn.com/id/24649689/

Califormia Supreme Court ruling here:
http://msnbcmedia.msn.com/i/msnbc/sections/news/080515_CA_SC_Marriage_Ruling.pdf