I’m sure everyone’s heard by now that California Proposition 8 has been struck down in federal court. Same-sex couples are on their way to being able to marry in California. The drama will play on for a while, unfortunately. The ruling has been stayed to give opponents time to appeal, something of a courtesy from the judge in the case. An appeal could drag it out for at least another year while it goes to the 9th Circuit court, and possibly up the Supreme Court. Wednesday’s ruling was the fatal shot to the California same-sex marriage ban, however. The defendants in the case had little going for them and they bungled the hearing. The ruling is thorough and Constitutionally sound. I think it has little chance of being overturned. At this point, the religious right might be wise to let this one go. If they appeal to the Supreme Court, it could make quick work of same-sex marriage bans in the remaining 44 states. It’s just a matter of time before that happens. America will eventually join the first world on this issue.
I spoke yesterday at a Prop 8 rally here in Austin hosted by the Equality Across America Texas Regional Network. I told them that the conservative Christians behind Prop 8 were organized, powerful, and take a long-term view. They’re not going away anytime soon. Spoke about the importance of church-state separation and the need to no believe propaganda and think for one’s self. For many in the audience, it was the first time they’d heard an atheist speak, but my message resonated with many. I know the Gay/Lesbian/Bi/Trans-gender/Queer/Whatever Else movement is anxious to win full equality. Those religious conservatives are not anxious to give up their power, however. I told the audience that the thing their enemy feared the most was the normalcy of gays. Without an enemy, they lose power and money. So many of those religious leaders wouldn’t know how to work an honest day’s if they had to.
Part of me hopes that with this really lame attempt to defend Prop 8, we’re seeing the demagogues implode. I’ve often mused at how much the religious conservatives hate the judicial branch of the government. They can manipulate the elected branches easily. They have money and clout. They can move the masses with their lies, propaganda, and emotional manipulation. But the courts are largely beyond their grasp. The courts trade in reason and evidence, which are in short supply among apologists and other faith-based con artists. They have a tough time winning battles there.
Still, I’m surprised at just how lame the defense was. Check out this bit of pathos:
In the California campaign, gay marriage foes could set up a site called “ProtectMarriage.org.” But when Walker asked their lawyer what harm marriage would require protection from, ProtectMarriage’s lawyer said, “I don’t know. I don’t know.” When even their own “experts” couldn’t show any evidence of harm to marriage, their lawyer was reduced to arguing that the people could act without evidence, just on their inchoate fears alone. Inchoate fears are the stuff of political campaigns — not constitutional litigation.
I can’t imagine the any soldier from the army of religious-nut lawyers graduating from Liberty University School of Law doing as poorly as these defendants. They would have made something up, even if it was obvious bullshit. It’s hard to imagine how to read this. Maybe the lawyers were just too honest. How’s that for ironic?