Before I even get started (and trust me, I have a LOT to say), I want to mention a few things that I think are important for folks to keep in mind while reading this. First, I will most likely use sexual orientation throughout this post, as it is the phrase used by the California Supreme Court. Right now, my own preference is toward sexual preference, but I need to give that debate some more thought on my own. Also, this post will most likely be extremely binaristic. Despite my own happily undecided gender identity, I will most likely revert to binaristic language and thought, a) because this is the language used in the court decision, and b) because it is the language that growing up, I am the most familiar with. Lastly, I want to mention that I do not support the privileging of one type of relationship over another and thus do not believe in marriage, but due to my own personal preference for monogamy, I will undoubtedly talk about this issue in terms that are not inclusive to polyamorous folks. This is not meant to be completely politically sound, but merely my thoughts on the situation/decision in California, as I can best verbalize my thoughts and feelings at 2:00am. I apologize if my own cultural and societal position/upbringing/baggage make folks who read this feel uncomfortable, offended, etc. PLEASE FEEL FREE TO CALL ME OUT WHERE NECESSARY. Like I said, these are just my gut reactions, not my response after days of critical analysis on the topic. Here we go…
Today, while cruising the internet, I found out that the California Supreme Court struck down the state’s same-sex marriage ban. Part of me was absolutely thrilled and the other part of me (the part that is frustrated at the gay and lesbian rights movement’s focus on marriage) was slightly irked. As I read the actual decision, which I’m only half-way through, I became more positive about the situation.
The Supreme Court of California’s decision recognized marriage, and the opportunity to marry, as a constitutionally protected right (within the state of California). The decision also broke some new ground when it found that although the decision was one where previously the discrimination had to pass merely a rational-basis test to be deemed constitutional, that it failed to pass a strict scrutiny analysis (which is the criteria typically reserved to only ethnic and racial discrimination). Basically it means that there is no way that discrimination on the basis of sexual orientation is constitutional when it comes to marriage rights.
The court declared that even if the exact same rights were given to same-sex couples, if the union did not have the label of “marriage”, the relationship would not be treated with the same “dignity and respect” as opposite-sex marriages, thus putting same-sex relationships into a lower class.
The California Supreme Court, also referenced quotes from previous Supreme Court opinions in order to support their case. I see these as call-outs and not necessarily something of importance. Its not like I really trust the US Supreme Court to truly protect the rights of minority groups from the tyranny of the majority, but at least while I read it, in my head I could say, “OOooo, burned!”
The decision also stated that past views and tradition regarding marriage are not relevant and that as times and society change, so must the ways in which the law and civil rights are interpreted.
The opinion also legally recognized that queer people (homosexuals is the word they use), have historically been systematically discriminated against within American society. This is huge to me. I know its probably not the first time this has been mentioned in a legal opinion, but it was the first time I have read something that validated my reality in such a way.
As I read the initial reports on CNN, BBC, Fox News, MSNBC, and the NY Times, I began to think of the possibilities and my own judgements about the gay and lesbian movement (yes, I am purposely using “gay and lesbian movement”). I consistently berate the gay and lesbian movement as having its priorities in the wrong place. While I do believe that time, money, and emotional efforts may be better invested in queer liberation, versus marriage equality, I do not believe that these fights are necessarily pointless or unimportant. I think that if within society, queerness and queer lives become more mainstream, a greater increase in tolerance and hopefully understanding will follow. This greater understanding, I hope, could lead to further conversations and an even more in-depth understanding of the possibilities of queer liberation and the end of other types of oppression.
What worries me is that folks that have been so vocal for same-sex marriage rights will become complacent and thus silent on issues that involve truly respecting and understanding various sexual and gender identities. I worry that they will not fight to end all oppression, but become more entrenched and invested in an institution that perpetuates the very things that inhibit our liberation (as people, not merely as queers). In my perfect world, queer folks, after winning the right to marry, would collectively announce that we all refuse to marry, because the institution of marriage itself is oppressive and counterproductive to true revolution and liberation. I don’t think my dream will ever be realized though.
I guess I’m intrigued as to where folks will go from here and what will be next. I am consistently surprised at conversations surrounding queer liberation. Whenever I’m in the midst of radical queers, new issues, information and practices are brought up that get me (and I hope others) thinking. I have examples, but will keep them to myself to prevent from boring whoever might be reading this. The possibilities that could arise from this decision could be either awful or amazing, in terms of potential for creating change. Despite my disdain for authority and government, I do feel that the Constitution has some things right, like the whole Equal Rights Clause (how its been interpreted is problematic, but the general idea of it, I like). If certain states begin to interpret the Equal Rights Clause appropriately, perhaps that can do some good and help change attitudes, opinions, and possibly whole paradigms for the way people think about certain issues (don’t worry, I’m not holding my breath for this).
Maybe I’m trying to justify my excitement over this to myself in political terms that I am relatively ok with, but I like to think that this decision is progressive and not counterproductive to the queer liberation movement as a whole. If nothing else, I think this decision gives many folks hope. I think it can also lead folks to believe that they can help create change. If this decision gives people hope and confidence in their abilities to create social justice, then I suppose its a good thing.
I’m excited for the battles, struggles, and possibilities that lay in the future. I promise to write more on this topic and others. I’ve read a lot today on the US Constitution, the Defense of Marriage Act, and other legislation and legal documents that apply to gay and lesbian couples (trans folk are absent from these discussions, as are folks with other sexual preferences/orientations). I have many more thoughts currently, but am tired and have work in the morning. I’m sure in the next few days I will have an exponential amount of thoughts regarding this issue and others. I’ll try my best to keep folks posted.