Feb. 7th, 2012

osodecanela: (Default)
Many, if not most of those reading this likely already know that the 9th circuit of the Federal Appellate Court has upheld the ruling of Judge Vaughn Walker overturning Prop 8. They have indeed ruled Prop 8 as unconstitutional under the Constitution of the United States.

So, where do things go from here?

As of this morning, same gender couples in California still cannot go to city hall and get married. The overturn is stayed pending further appeals. There are two directions the proponents of prop 8 could take; well, three actually, but the likelihood that they'll drop further opposition seems remote at best. They can go to a challenge before a larger panel of 11 in the 9th district, or they can go directly to petition the US Supreme Court.

From what I've read so far, the 9th district's ruling is a narrow one, only affecting California; it will not reverse marriage bans in other states that have them. It takes 4 justices on the US Supreme Court to agree to hear a case. They could elect to ditch this one. Personally, I'm praying that's exactly what they do.

I may sound like an Uncle Tom here, but getting marriage equality back in California is huge. I'm not so trusting of the US Supreme Court in their current composition that they will rule in our favor, and the loss of marriage equality here was and would be again a very major blow. Social change takes time. It's easier to discriminate against a minority in the abstract. When it's the married lesbian couple whose children play with your kids at the pre-school they attend together, or the gay man and his husband across the street you got to know thru your local neighborhood watch, it becomes real. There's a face on the issue, faces people come to know. We're no longer that threat out there somewhere. We become tangible.

I have heard many describe Vaughn Walker's opinion written like a love letter to Justice Kennedy. Well, I wish I could feel easy with that, but the reality is, I don't. I would rather have my status here in California secure, and have a handful of other states like Washington and Maryland come on board with marriage as an affirmed civil right, before it goes to a future Supreme Court. Frankly, I think we're on better ground to have them overturn DOMA as unconstitutional, and that feels of greater importance to me. Getting comity back, where each state recognizes the marriages and divorces that occur elsewhere in this country, and importantly, our federal government recognizes them is a greater issue here.
osodecanela: (Default)
I'll readily admit I'm a registered Democrat and a liberal at heart. I'm also not well healed. 4 years ago I contributed to the DNCC as well as directly to Barak Obama's campaign. I don't regret that money spent. It did help put Obama into office.

I have heard so many people complaining bitterly that Obama hasn't delivered on his progressive promises. I have heard so many say that they will not donate to his campaign this time around. I have heard so many people suggest that they might not vote for Obama, and perhaps not even go out to vote.

Quelle horror! Seriously, I am horrified by this.

I have heard Obama say to the public that we have to hold his feet to the fire. Not just his feet, but the whole democratic party.

Well, Wall Street donated heavily to Obama last time around, and that money got them influence in DC. This time around they're funneling the lion's share of their donations to the Republicans and the candidates affiliated PAC's. The Supreme Court of this country has changed the political playing field with the Citizens United decision. Money is speech and corporations are people. If we don't get off our individual butts and fund the Democrats, the Progressives and the PAC's that support them, we will have our collective asses kicked this fall. Just look at the money that's coming from large dollar donors to the various republican candidates! A single $5 million donor from Las Vegas has kept Gingrich's campaign alive.

As progressives we got trounced in the 2010 election. Why? We all too often sat home. The other side spent big to get their message out, and they got their sheep to the polls.

I'm in a much better place tonight, than I've been in the past 6 months. The ruling of the 9th circuit reassures and re-affirms that working on the side of progressive politics can and will bear fruit. Why? While Walker was a Reagan appointee, and there will always be some folks who will surprise you by doing what's right, when you look at the 3 judge panel that heard the appeal, and then rendered a 2-1 decision on it, the two who affirmed Walker, where Carter and Clinton appointees. The lone dissenter? Bush. When I look at the ages of the progressive wing of the court, I am alarmed. There will be appointments to be made in the next administration, even more the following, which is all the more reason that we have right minded individuals representing us and our concerns, both in the legislative and executive branches. They will be the ones appointing and confirming our ultimate arbiters, in this country, namely the court. The court gave us Rowe v. Wade. The court gave us Loving v. Virginia. And the court has given us the overturn of Prop 8.

*stepping down from his soapbox*

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