Publisher's Notes: To Hell With Marriage
By Bill LaPointe
Here we go again: spending millions of dollars and countless hours of volunteer help to gain our “equal rights” status.
This, at a time when budget cuts in California are going to deplete the LGBT/AIDS/HIV-positive community of its supportive organizations.
We already have civil unions, which comparatively are equal rights. I understand how symbolic having the term “marriage” for our community is, but right now that’s really all it is: symbolic. Full equality comes when the federal government addresses this inequity. States’ rights pretty much are limited to individual states. One state does not need to recognize marriage undertaken in another state if it conflicts with its own policies. That is why I believe the Human Rights Campaign and other political action groups need to spend their expertise and political muscle. Then and only then will we be able to go state by state and achieve full equality.
For now, let us apply reason and not go emotionally off into a potential financially and resource-exhausting abyss when it comes to supporting our community.
I understand the incredible momentum our community is swept up in. After we spend another $38 million and myriad hours of volunteerism — and if we win — what’s to say the opposition will not start all over again? This ping-pong game with the state’s constitution can go on endlessly. When will it stop?
I was certain the California Supreme Court was going to decide as it did. Sadly, it did nothing to bring this issue to its proper conclusion.
Most of our LGBT leadership is dubious of a federal challenge under the Equal Protection Clause of the 14th Amendment. A number of legal scholars see this as a possibility. Of course, this will take a long time before it reaches the U.S. Supreme Court, and hopefully by that time we’ll have a favorable ruling. This incredibly conservative court did strike down the Colorado law that in essence would have blocked us from participating in the political process. In doing that, I believe the Court established us as a legitimate minority. A majority of citizens cannot deprive a minority of its equal rights. But, we’ll see.
It may not be as romantic or emotional to put our energy where it is most needed — assuring our vital services are secured; however, it is definitely more humble.