California Supreme US District Court is currently hearing a case over whether 2008 Proposition 8 (which bans same-sex marriage in the California State Constitution) is itself constitutional. If the court rules that it is not constitutional (by the state’s US constitution), then same-sex marriage would revert to being allowed in the state. This is a pretty important case as many people feel that California is a cultural leader for the entire US–not to mention its sheer size.
There has been a recent side-show as to whether the hearing would be (video) broadcast to the public. One can make an argument that public interest is served by transparency, especially in such an important case. This little debate went all the way to the Supreme Court of the United States that decided today that there should be no such coverage. The 5-4 decision (with the conservative Roberts, Scalia, Thomas, Kennedy, and Alito in the majority) was ostensibly decided on a technicality. Not too interesting so far; but let’s look under the hood, shall we?
The very fact that SCOTUS even heard the case and issued a decision was based on an urgent claim of “irreparable harm” to someone. According to one source, “The Court also found that the high-profile nature of the trial might intimidate witnesses and cause irreparable harm if the rule were not stayed.” However, the dissenting justice wrote (page 24-25): “I can find no basis for the Court’s conclusion that, were the transmissions to other courtrooms to take place, the applicants would suffer irreparable harm. Certainly there is no evidence that such harm could arise in this nonjury civil case from the simple fact of transmission itself.” (This article has a good analysis.) Perhaps a broadcast on YouTube would cause irreparable harm to their cause.
So what’s going on? The religious supporters of Proposition 8 are wanting have their free speech rights to make false and emotionally manipulative claims, but they are crying persecution when it comes to taking responsibility for them. Consider defendant Hak-Shing William Tam, who wrote, “On their agenda list is: legalize having sex with children,” and that, “other states would fall into Satan’s hands,” if gays weren’t stopped from marrying in California. A successful advertising campaign during the Proposition 8 election claimed that homosexuality would be taught in public schools. They want to perpetrate thuggery on gays, but they’re playing the persecution card when it comes to taking responsibility for their lies–and the conservatives on the Supreme Court are backing them up. Apparently, taking responsibility is irreparably harmful to the religious.
The irony is so thick here you could build a church with it. Some supporters of Proposition 8 have gotten harassing phone calls and e-mail messages. I can’t say I feel any pity for these people. They are being subject to much milder versions of the same tactics they have done to gays and others over the years. (Religious readers are referred to Exodus 21:22-25 and Matthew 7:12 for a little morality lesson and some tasty just desserts. I long for the day when the majority of gays vote on the Christians’ right to marriage, just as the Christians have done to gays.) Christian death threats are a common intimidation tactic and the religion has plenty of people who are willing to carry them out. Gays have been subject to (real) hate crimes for years, most of which have been religiously motivated. Christians have made a big business out of persecuting gays. Proposition 8 itself is just part of that business. If same-sex marriage becomes normalized, they will have a much harder time vilifying gays and their red-meat lovin’ constituency will turn to other pursuits and take their tithes with them.
Same-sex marriage in the US will happen eventually, but we can count on the religious fighting unfairly every step of the way.