Militant rallies defend same-sex marriage

Several thousand protesters gathered in front of San Francisco City Hall March 5 as the marriage rights struggle made its way to the California Supreme Court.

The fate of 18,000 same-sex marriages performed last year hangs on the seven justices’ pending decision on the constitutionality of Proposition 8, a ballot initiative banning same-sex marriage that voters passed in November by 52 percent. The initiative amended the California Constitution to establish that “only marriage between a man and a woman is valid or recognized in California.”

Though the atmosphere among the protesters outside was optimistic during the hearing, the climate inside was tense. This same court ruled last year that it was unconstitutional to prohibit same-sex marriage, but it is now forced to face a voter-amended constitution.

Last May, the court had ruled 4-3 to repeal both a same-sex marriage ban passed by the state legislature in 1977 and Proposition 22, approved by voters in 2000. One month later, California began issuing same-sex marriage licenses, from June 16 to Nov. 5, the day after Proposition 8 was approved in the state referendum.

Attorneys against Proposition 8 argued that to use the amendment process to rob a civil right from a group of people was not the intent of the constitution.

A large crowd of militant lesbian, gay, bi, trans and queer (LGBTQ) rights activists from all over the state faced off with Proposition 8 supporters on the steps outside the courthouse as lawyers from both sides filtered through the crowds. The three hours of oral arguments could be watched on a giant screen across the street. A much smaller group of several hundred, who mostly came on buses from Sacramento churches, was there to support the ban.

The night before the hearing, thousands marched from the Castro district to San Francisco City Hall for a candlelit vigil in support of marriage rights. Participants included local lawmakers and Stuart Milk, nephew of Harvey Milk, the first openly gay San Francisco supervisor, who was assassinated in office. Many camped overnight outside the Civic Center to await the hearing.

If the measure is overturned, California will be one of only three states, including Connecticut and Massachusetts, to legalize same-sex marriage.

The marriage rights struggle continues to be fought from the streets and in other state legislatures, including legislation in Minnesota and Hawaii that would redefine marriage and civil unions.

During the March 5 hearing, justices considered allowing the 18,000 couples already given marriage licenses to remain married, while still upholding Proposition 8. Opponents say such a division could potentially be grounds for an appeal under the federal equal protection clause.

No decision has been issued yet, though the mainstream media is predicting the court will rule in favor of upholding the ban, based on statements made by some of the justices. The court has 90 days to make a decision.

Proposition 8 has galvanized LGBTQ communities across the country, prompting solidarity rallies in several cities.