Thursday 28 May 2009

Prop 8 stands, and so we must too.

I was expecting it. I vocally expressed the fact that I expected the verdict that we received. And yet it still shocked me. Here's what I found most troubling about the Press Release and Summary of the opinion on Prop 8:

"Inalienable Rights The majority opinion next addresses and rejects the Attorney General’s claim that because article I, section 1 of the California Constitution characterizes certain rights including the right of privacy as “inalienable,” Proposition 8 is invalid because it abrogates such rights without a compelling interest.

The opinion explains that not only does Proposition 8 not “abrogate” the aspect of the right of privacy discussed in the majority opinion in the Marriage Cases, but that the identification of a right as “inalienable” has never been understood to mean that such right is exempt from any limitation or to preclude the adoption of a constitutional amendment that restricts the scope of such a right. The opinion emphasizes that there is no authority to support the Attorney General’s theory."

(insert my shock at the second to last sentence)

What exactly ARE inalienable rights then? Someone please explain. No really - I've heard the term and used it in what I thought was the correct manner in philosophy and history classes before, but this court's statement about the ability to limit inalienable rights goes against everything that I thought that meant... And if we have any legal experts who can educate me, I'm more than willing to listen.

Also it really troubled me to read Justice Moreno's opinion and know the other 6 people in the room disagreed.

For the text go here:
http://www.courtinfo.ca.gov/presscenter/newsreleases/NR29-09.PDF

I haven't had time yet to read the full 185 pages of the decision - but I've seen enough of it to know I'm troubled by it. (the joy of being a full time student and activist as well - time is scarce... I will read the whole thing eventually though)

But moving past this troubling verdict, we need to look toward the future and figure out what to do beyond voicing our disapproval. (Which is definitely something that needs to be done, but while that reaction is easily arrived at - a plan of action takes a bit more work.)

I think that if we're to win a fight for equality we need to reach out to the moderates, face our opponents, and include all of our allies. We also need to do more than speak to our friends - we need to take the conversation to a place where others will hear it. And this weekend there is an event that will help do just that - build a more inclusive movement with a broader audience. Which is why in the midst of final papers and trying to wrap up this quarter I'm taking the time to organize friends and community members to go to Fresno for Meet in the Middle. I hope you can do the same and I hope to see you there!

For more information go to http://www.meetinthemiddle4equality.com/