Gays got a squeeze today in CA.California's Supremes passed down in re Marriage today, in a bold move that recognized gay and lesbian relationships as civil marriages.
California joins our big sky neighbor to the North, Canada; conservative Spain; formerly backwards South Africa; Belgium; The Netherlands; ... Mexico is still in early stages, as are other parts of the Spanish-speaking world. Australia remains a laggard in the English-speaking world.
Schwarzenegger, despite his earlier blunders, appears to have the in-state popularity to be the first GOP Governor to not get flummoxed to derision. [Since the legislative, executive, and judicial branches are now all in accord, one wonders if there isn't a way to stop the fall ballot initiative ... probably not, but still an interesting poser.]
BACKLASH: POLLUTING THE CONSTITUTION OR SAVING THE STATE?
Put another way, Arizona has been one place where both sides could perhaps not feel accosted by 'the system'.
Even so, the California court declaring that gays and lesbians have a fundamental right to what relationship recognition the State chooses to pass out cannot be a bad thing, whether or not it is before its time in America.
Let's hope that McCain follows his Arizona instincts on this, i.e. 'amendments' are not the way to go.
A finding for equality before the law is going to draw a lot of fire and shouts of "activist judges".Even so, the California court declaring that gays and lesbians have a fundamental right to what relationship recognition the State chooses to pass out cannot be a bad thing, whether or not it is before its time in America.
Let's hope that McCain follows his Arizona instincts on this, i.e. 'amendments' are not the way to go.
California will join Arizona and Florida, most likely, in an attempt this fall to pollute their constitutions with an end-run around what should probably be the proper relationship between the courts, the legislature, and the constitutional law.
It's sad to see Arizona on the list of backlash states, as they were one of the few who were perusing the most democratic and well-structured process of all, having rejected a constitutional amendment already in favor of action in the legislature.
Put another way, Arizona was one place where both sides could perhaps not feel accosted by 'the system'. Even so, the California court suggesting that gays and lesbians have a fundamental right to what relationship recognition the State chooses to pass out cannot be a bad thing, whether or not it is before its time in America.
TIP OF THE HAT, WAG OF THE FINGER
Today's gift from the Supremes to the minority will not settle the struggle among those who think that private lawsuits ... are like unto "the scattershot method" of obtaining civil rights.
There are other lawsuits pending that challenge "civil union". It's hard to support them as a matter of strategy, if other jurisdictions get frightened by favorable rulings so that domestic partnership recognition/benefits is slowed to a halt.
Still, there are plaudits to be passed out today, to quite a number of people, directly and indirectly, many of whom I rib and push-around here, because that's how it's supposed to go. The court made it plain (if you read Eugene Volkh's lament) that other decisions and initiatives have had an impact in assessing the force of arguments in favor of recognition. In that sense, it truly is a cumulative achievement of a lot of people.
Tip of the hat to all those directly involved, even Robin T, who I sometimes have a hard time warming up to because of a certain ... stridency. Shannon Minter and the very eloquent Therese Stewart, who had the privilege of arguing before the court are memorable. Can we now call Gavin Newsom a "pioneer", rather than a spoiler? (It's funny how time changes historical perspective).
Let's hope that CA didn't just bite off more than they can chew, as the game moves to the bottom of the ninth.
note: I hope that this is the last filing of the CA amendment crowd. I know I read another version, which may have been filed later.
