As we await the 1PM ET ruling on the constitutionality of Prop 8, here is a thoughtful piece by Christopher Geidner@ Law Dork. He discusses the forthcoming Prop 8 ruling by the California Supreme Court and the possible reactions in the LGBT and allies community if the ruling does not overturn it -- either by nullifying all the same-sex marriages or allowing the thousands of existing marriages to remain intact while still affirming Prop 8. He believes the Supreme Court will have the split decision. He also shares my concern that we have to worry just as much about misplaced anger turning into violence as we do from the right.
Assuming that outcome, which I believe is most likely, I'd ask -- and hope our national leaders would ask -- that we all take a breath before acting. As, I wrote Friday, the decision to be issued today is a legal determination about the structure of the California Constitution and the procedures available to the people to amend it. A fair and vigorous debate has been had about whether Proposition 8 was the type of change envisioned as an amendment or if it was a revision, which would require a more lengthy and difficult process.
The California Supreme Court, at least a majority of its justices, already has shown its support for marriage equality. There can, thus, be no claim made that this court comes at the issue of gay and lesbian equality with anything less than good faith.
I understood -- and participated in -- rallies held across the country following the passage of Proposition 8. I understood the stark awakening that the vote was for many young LGBT people and our allies. I supported this rejuvenated "gay movement." We have seen the fruits of that awakening in Iowa, Vermont, D.C., Maine and New Hampshire, as well as in countless other states, cities and communities across the nation.
We must not let today's ruling change that momentum.
Geidner reminds readers that this ruling is not about the merits or legality of same-sex marriage -- the same state Supreme Court is the one that decided gays and lesbians could marry. So what we -- or perhaps Californians -- should be angry about is a state Constitution that allows civil rights to be placed on a ballot measure.
More after the jump.