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Yesterday (February 7, 2012) California proposition 8 voted on in the 2008 November 4th election stating that “Only marriage between a man and a woman will be recognized,” was overturned by the federal court. A victory for human rights, regardless if one is gay, straight, bisexual, anything in between or beyond. This battle between supporters and those opposed has been going on for over three years. Yet the fight for equality has been going on far longer than that.
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Many in the LGBTQ+ community have experienced discrimination most of their lives and the rights that have been won (serving in the military, right to have relations, adoption etc.) haven't lessened the discrimination but it is hoped will someday end it. It is this struggle that lead to yesterdays federal court overturning prop 8.
“Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to opposite sex couples. The constitution simply does not allow for laws of this sort” Judge Reinhardt stated citing Romer v. Evans 517 US. 620, 633 (1996).
This victory will most likely be fought by those who believe that marriage outside of just a man and woman is an abomination. Many also believed that allowing for same-sex marriage would effect the curriculum in schools, making teaching students that same-sex marriage was acceptable, mandatory, which is false. Going against their religious and moral beliefs. Since this decision was not unanimous supporters have 14 days to ask for an en banc review, which will delay the case going to the supreme court by one year. Still the chances of getting their day in court or actually winning the appeal is slim. There is on average only 1% of appeals that are heard by the higher courts and with the bench majority seemingly in favor of overturn the battle for these supporters is an uphill one at best. The discontent felt by the supporters was heard in this press release by The National Organization for Marriage (NOM) the number one supporter of prop 8.
"As sweeping and wrong-headed as this decision is, it nonetheless was as predictable as the outcome of a Harlem Globetrotters exhibition game," said Brian Brown, NOM's president. "We have anticipated this outcome since the moment San Francisco Judge Vaughn Walker's first hearing in the case. Now we have the field cleared to take this issue to the US Supreme Court, where we have every confidence we will prevail."
Prop 8 lead to a division in homes, schools, workplaces and the state. There were mass protests for both sides of the issue and it stands as the highest funded social policy measure with a combined funding total of $83 million dollars. As far as we have come as a nation regarding human rights issues in law, one can only hope that this division will also pass, showing that human rights over discrimination in time will and must always prevail.