Decision

by dday

The California Supreme Court will deliver its verdict on Tuesday morning at 10am PT on whether or not to throw out Prop. 8, a Constitutional amendment banning same-sex marriage in the state. Brian Devine has the best legal description of this anywhere, which you can read here. The Court isn’t really looking at the law itself, but whether a change of this type violates the limited ability of the people to amend the Constitution through an initiative; in other words, whether Prop. 8 was an amendment, which is legal through the initiative process that was used, or a revision, which requires a more deliberative process.

Based on the oral arguments, most people believe that the Court will not overturn Prop. 8, but may allow the 18,000 marriages that were consummated when same-sex marriage in the state was legal to remain that way. But the Court could surprise.

The initiative battle and particularly the aftermath of Prop. 8 have sparked a tremendous amount of activism in the state and nationally. Regardless of the outcome, the group at Day of Decision will hold nationwide events praising or protesting the Court ruling. On Saturday, 70 civil rights and progressive groups are sponsoring Meet In The Middle For Equality, a large gathering in Fresno, CA.

Lucas O’Connor remarks:

All of which adds up to yes, Prop 8 has proven to be one of the best organizing points in recent decades for the state of California. It’s been a perfect storm of tactical and technological innovation from facebook and text messaging plus orgs like Courage Campaign and CREDO meeting resurgent activist energy and experience coming from the issue and the ’08 presidential campaign legacy.

Like with the Dallas Principles, those battling for equality have devised new outlets for activism which have amped up the pressure for action at every level. 300,000 people have signed the pledge to repeal Prop. 8. Grassroots groups have sprung up out of nowhere, with more coming on line every day. There is no equal to the activism and organizing this has set off.

If I have any faith left in the ability for California to manage its seemingly intractable governmental problems, it’s because I see this effort that has been launched in the name of rights and equality, and dream that it can be scaled up into a larger progressive movement that expands the fight for justice. Such an organizing effort has never even really been tried in the nation’s largest state, and if successful could spread like wildfire across the country.

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