Friday, August 6, 2010

Love and Marriage

For many (most?) people in the good ol' US of A, marriage denotes a consensual covenant between two people truly in love. Oh, the LOVE! Followed by the RING! Followed by the BIG DAY and then it’s happily every after…

So far, I’m on point – a good American woman, marrying a good Kiwi/American man. For LOVE! America encourages our decision and supports it with a tax credit (congratulations, you two!).

But, as we all know, in most of America, this civil matter is currently not afforded to everyone. Thankfully, the times may be a changin’…

On August 4, Vaughn Walker, Chief Judge of the United States District Court for the Northern District of California, declared that Proposition 8, which constitutionally bans gay marriage in California, is unconstitutional.

Brav-O!

I voted against Prop 8 in November 2008. To me, it is logical and reasonable that if two consenting adults want to marry, they should be able do so – boy/girl, boy/boy, girl/girl, whatever.

Even if I morally objected to gay marriage (which I didn’t/don’t), I could never side with the proponents of this fear-mongering, hateful initiative. The arguments for Prop 8 were absolutely unreasonable and ridiculous, and I truly believed that’s how most of California felt.

Well, fear and unreason (barely) won the day, and after years of can’t marry/can marry/no, sorry, you can’t/wait, now you can again!, it was written in California’s constitution that same-sex couples can not marry.

Fast forward to August 5, 2010, as Judge Walker writes in
Perry v. Schwarzenegger:
That the majority of California voters supported Proposition 8 is irrelevant, as “fundamental rights may not be submitted to [a] vote; they depend on the outcome of no elections.” West Virginia State Board of Education v Barnette, 319 US 624, 638 (1943).
Fascinated by what I read about the ruling (this is good), I actually read through much of Perry v. Schwarzenegger.

WOW. I’ve never read a court decision before, and I am in awe of beautiful logic presented in this document. This man clearly knows what’s at stake and methodically and thoroughly weighed the evidence. And he found the defendants, the proponents of Prop 8, to be inadequately prepared, embarrassingly irrational and without any legal ground to stand on. OUCH...

 
Although, as of this writing, same-sex couples cannot obtain a marriage license, I believe that day will soon come. As I plan for my wedding, I appreciate that I should not take it for granted. Although not founded by a religious perspective, I do believe in the institute of marriage. Kiwi B and I are choosing to live in a committed relationship that will be formally recognized, and approved, by society. This is a fundamental right that should be awarded to all citizens.