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SilverSurfer

SilverSurfer

MODERATOR

Chicago, IL

DEC 08, 2012 06:55 PM

^^^ That would really be great.

It's not a sure thing, though.

Worry Tempers Joy Over Gay Marriage’s Moment in Court

Within moments of the announcement on Friday that the Supreme Court would hear two cases relating to same-sex marriage, gay activists rejoiced, heralding the decision as a major advancement for their movement.

“Today’s news is nothing short of a milestone moment for equality,” said Chad Griffin, a champion of the legal challenge to Proposition 8, the California initiative passed in November 2008 that banned same-sex marriage and is now heading to the Supreme Court.

Yet amid the celebration, there were signs of concern over how the Supreme Court might rule. The fact that the Supreme Court is hearing the cases hardly means it is about to ratify same-sex marriage. As supporters and opponents said in interviews, the court might well use these cases to find that there is no constitutional protection for same-sex marriage.

SPOILERS! (Click to view)
“There is no question that it is a risk,” said Lt. Gov. Gavin Newsom of California. “If they nationalize it and reject it, that’s going to take decades to come back to the court.”

As the mayor of San Francisco, Mr. Newsom began issuing marriage licenses to same-sex couples just over a month after his election in 2004 until he was stopped by the courts.

Mr. Newsom said he trusted the counsel of the high-profile lawyers for the plaintiffs, David Boies and Theodore B. Olson, that this time and this court were right for the case.

“I’m going to defer to their expertise rather than my instincts,” Mr. Newsom said. “I think it’s worth the risk.”

Jubilation was tempered with apprehension as the implications of the decision were discussed across the country.

“That the Supreme Court is taking this up is truly exhilarating, but I’m very nervous and unnerved by the possibilities of what could come out of this,” said Don Romesburg, 42, an associate professor of women and gender studies at Sonoma State University.

“It is frightening to have our basic rights as citizens in the hands of just nine people, when four or five of them are deeply ambivalent, at best, about our very existence,” said Mr. Romesburg, who is gay and legally married his partner during the window before Proposition 8 was passed.

Angela Gabriel, 43, a lesbian in Atlanta, said she was cautiously optimistic that the court would rule in favor of same-sex marriage, but was concerned about the ramifications of that outcome in socially conservative regions.

“Georgia is just not as progressive or forward-thinking or accepting of everyone,” she said. “There would be a lot of pushback.”

When Mr. Griffin, who now heads the Human Rights Campaign, and other California gay rights leaders sought to overturn Proposition 8, they encountered a wave of criticism from some established gay rights groups that were fearful that the Supreme Court would rule against them.

“An unsuccessful challenge may delay marriage even longer, not only in California but in other states, and seriously damage the rights” of gay men and lesbians on a range of issues, the groups said in May 2009. The organizations, which included the Human Rights Campaign and Lambda Legal, cautioned against “premature” legal action.

But Mr. Griffin said he was always confident of victory, now more than ever.

“Look, we wouldn’t have filed this case were we not optimistic that once this case finally reached the Supreme Court that it would come down on the side of liberty and equality,” he said. “Throughout the history and struggle for civil rights in this country, there have always been those who said slow down. But at the end of the day, millions of gay and lesbian Americans are counting on us to stand up for them and for our most basic constitutional principles.”

Evan Wolfson, the president of Freedom to Marry, said the legal victories over the last four years had created a decidedly different environment for the Supreme Court than when gay leaders battled over the wisdom of bringing this challenge.

“Since then, we’ve made enormous progress and built irrefutable momentum, winning the freedom to marry in state after state and winning over a solid majority of support in this country,” he said.

Kate Kendell, the executive director of the National Center for Lesbian Rights, which initially opposed court action, said she now expected the court to rule in favor of same-sex marriage.

“There is no doubt that the wind is at our backs,” she said. “We’ve hit a tipping point on this issue. I think we are better positioned than ever.”

In Atlanta, Josh Bergeleen, 20, a junior at Emory University, said he was not concerned about the outcome. “Yes, it’s a very conservative court,” he said. “But momentum is moving in favor of gay marriage.”

Mr. Romesburg of Sonoma State University said he was more concerned about the future.

“My gut says that the next six months are going to be really hard,” he said. “When I heard the Supreme Court would consider Prop 8, my initial feeling was ‘Here we go again.’ ”

In Cambridge, Mass., Kevin McDonald, 26, a graduate student at Harvard, said he was “pretty excited” to hear about the decision, but drew comparisons to the unwelcome ramifications for the abortion rights movement.

“I’m not sure we’re there yet — we’re making really good progress — but I don’t want to see that progress impeded somehow, with a ruling that makes people feel like they don’t have control over something so fundamental like marriage,” he said.

Waldo_Jeffers

Waldo_Jeffers

United Kingdom
OLD SKOOL

DEC 09, 2012 11:48 AM

Its interesting to compare US conservatives with UK conservatives.

In the US many conservatives are opposed to gay marriage.

In the UK some conservatives oppose gay marriage while many support it and gay marriage has the backing of the Conservative Party leadership. David Cameron, the Prime Minister, went on record at the Conservative Party conference last year stating, "I don't support gay marriage despite being a Conservative; I support gay marriage because I'm a Conservative." He supports gay marriage because he believes that marriage is a "great institution" and he wants gay couples to be able to participate in that institution.

Right now, with the leadership of all three main UK political parties supporting gay marriage (that's gay marriage with the marriage ceremony performed in a church or other place of worship not just gay marriage in a registry office), it no longer seems like a question of "if" so much as a question of "when".

I sincerely hope that US conservatives can also come around to the realisation that being pro-gay marriage follows logically from being pro-marriage.

Sal_

Sal_

USA
October 2009

DEC 09, 2012 03:57 PM

I think while a UK "conservative" politician and a US "conservative" politician share the conservative label they are vastly different from what I have seen watching UK political news programs.

I may be wrong but UK conservatives aren't as fundamentalist in their religious leanings when it comes to approaching their voting base, am I correct?

It's that difference that means US conservatives will never give in to the idea of gay marriage.

Canadian_Coat

Canadian_Coat

Brockville, ON
September 2008

DEC 09, 2012 04:20 PM

I would agree. you even compare a US conservative to a Canadian conservative and their is a big difference, on many issues anyway. It seems that on the political spectrium US politics, on a whole, are more to the right than many Western nations.

LEtranger

Letranger

Brooklyn, NY
September 2005

DEC 09, 2012 05:11 PM

Canadian_Coat said: It seems that on the political spectrium US politics, on a whole, are more to the right than many Western nations.



At least in the past 30 years. A run of the mill democrat from the late 70's would be considered a card-carrying socialist in today's climate and frustratingly, a "conservative" from 30 years ago, like Reagan, would probably be a called tax-and-spend leftist, by the Republican base today.

From a social perspective, it's a bit more nuanced because some issues have gotten more lax over the years, such as legalizing pot. But religion seems to be a playing a greater role than ever in other discussions. And that's why the gay marriage issue has been so divisive.

Priapos

priapos

San Angelo, TX
October 2005

DEC 09, 2012 05:32 PM

Waldo_Jeffers said:
Its interesting to compare US conservatives with UK conservatives.



Interesting for you; us it makes cry.

jaymat

jaymat

Bothell, WA
December 2012

DEC 10, 2012 08:36 PM

I agree that the conservatives in the US government maybe a bit crazy but it luckily does not reflect on the population. Every year gay rights are becoming more and more accepted. This year alone three state by popular vote have legalized same sex marriage. And I am very happy to live in one of those states smile

Stiles

Stiles

Philadelphia, PA
November 2002

DEC 10, 2012 09:36 PM

Like most other civil rights battles of the past, we take two steps forward and one step back. Progress is slow and sometimes unsteady, but it has always won out in the end over time.

jaymat

jaymat

Bothell, WA
December 2012

DEC 10, 2012 09:49 PM

The problem that seems to cause all of this back and forth is that change can't happen in the middle of a generation. Its new generations that bring forth change, like right now with younger individuals fighting for human rights for gay couples, but the older generations that are against the change are in power and fight it. Once the younger generations begin to take power things will change quicker. Thats until the future generations come up with something that the youth now will think is crazy and this all starts over again.

Clidna

Clidna

Canada
January 2005

DEC 11, 2012 07:00 AM

Sal_ said:
I think while a UK "conservative" politician and a US "conservative" politician share the conservative label they are vastly different from what I have seen watching UK political news programs.

I may be wrong but UK conservatives aren't as fundamentalist in their religious leanings when it comes to approaching their voting base, am I correct?

It's that difference that means US conservatives will never give in to the idea of gay marriage.


Man, I don't think anyone in any of the so-called "civilized" nations are quite as fundamentalist as the Repubs are these days blackeyed

Waldo_Jeffers

Waldo_Jeffers

United Kingdom
OLD SKOOL

DEC 11, 2012 02:44 PM

Sal_ said:
I think while a UK "conservative" politician and a US "conservative" politician share the conservative label they are vastly different from what I have seen watching UK political news programs.

I may be wrong but UK conservatives aren't as fundamentalist in their religious leanings when it comes to approaching their voting base, am I correct?

It's that difference that means US conservatives will never give in to the idea of gay marriage.



I may have been a bit too optimistic with my previous remarks. I have seen a news article today which contains both bad news and goods news.

The UK government has announced that they will make it legal (by 2015) for gay marriage to be performed in places of worship. This law will be passed despite opposition from about 100 or so Conservative MPs because it will have the support of the rest of the Conservative Party as well as the Labour Party and the Liberal Democrats.

This is great news.

However, the legalisation of gay marriage will not apply to Anglican Churches. The law will explicitly make it illegal for gay marriage to be performed in Anglican Churches. The Church of England used to be referred to as "the Conservative Party at prayer" and still has a degree of influence over the party. The decision not to legalise gay marriage in Anglican Churches was most likely a compromise intended to pacify the 100 or so Conservative MPs who oppose gay marriage.

That's damned unfortunate but I'd like to think that this is only a temporary setback. I think that the Church of England and the Conservative Party will eventually be ready for this change (maybe in another generation).

I have tended to regard UK politics as a purely secular affair but now it looks as though the US political arena is not the only one in which religion plays a role.

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