Gay Rights in California

| Wed Nov. 5, 2008 7:50 AM PST

GAY RIGHTS IN CALIFORNIA....The votes aren't quite fully counted yet, but with 95% of the precincts reporting it looks like Proposition 8 banning gay marriage in California is headed for passage, 52%-48%. In one sense, this might have been inevitable: this is precisely the margin I projected six months ago based on basic demographic trends. What's more, the voting trends are exactly what you'd expect: strong No votes in the liberal coastal counties, especially in the north, and Yes votes in the conservative inland counties. On the other hand, it only passed by two points. I really, really wonder if we could have beaten it if Barack Obama had been willing to step up and take a bit of a risk on behalf of defeating it. Especially toward the end, when it was unlikely to hurt him in the national race. If he had cut an ad to run over the final weekend, would it have made the difference? Maybe.

In other news, it looks like Prop 1A, the high-speed rail bond measure, has passed. I opposed this, but obviously I had mixed feelings and I can't say I'm unhappy to see it win. I hope the rosy projections from its proponents turn out to be closer to the mark than I thought they were.

Prop 2, guaranteeing minimally decent treatment of farm animals, passed decisively. Prop 4, which required parental notification for teen abortions, appears to have lost. Prop 9, a bad "victims rights" initiative, passed fairly easily. Prop 11, the redistricting initiative, is narrowly ahead right now, but still too close to call.

Not the worst night ever for California initiatives, then, but not great either. The good news, I guess, is that the same demographic trends that doomed gay marriage this year also guarantee its eventual victory. We'll try this again in five or ten years and win easily.

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Kevin Drum is a political blogger for Mother Jones. For more of his stories, click here.

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Comments

What happens to gay people who are currently married in CA?

Thank you for writing about this issue. I have no interest in dampening last night's results - I feel that joy, too. But it means a lot to at least have this loss recognized and discussed amongst the "mainstream" (in the good way!) left commentators like you.

I am very unhappy that CA did not defeat this. But please know that an Obama ad for it this weekend might have cost us VA. And while it wasn't necessary for Victory, it means a lot to us here that we pulled it off.

it looks like the decadent left in their coastal enclaves who provided the fifth column of 'no on 8' voters.

Not the worst night? Only if you're wallowing in heterosexist priviledge

Sadly, there are lots of older liberals (like my 78 year old Mom) who are progressive about lots of things, but can't come to grips with the idea of gay marriage. In a decade or two we'll be embarrassed by this vote.

I honestly blame Gavin "whether they like it or not" Newsom for the passage. The fact that he's so obnoxious drove a lot of people to support the measure instead of just leaving it blank.

Remember, this is why they are going for constitutional amendments. The anti groups know the demographics are against them. They are relying on the 65+ year old voters to pass amendments that they hope will be difficult to overturn. Straight people who are anti equal marriage are much more passionate that the straight equal marriage supporters. I am not sure when this will be reverse. I'm not hopeful. The arc of progress for blacks and other minorities has gone from discriminatory restrictions to amendments and laws affirming equality. For gays we have gone from no legal statements either way to laws banning our marriages followed by amendments banning our marriages. Demographics aside, we are going BACKWARDS.

Technically, this makes any benefit -- in law or otherwise -- granted in California according to marital status unconstitutional. It will be interesting to see if anyone actually pushes this.

Wish the legal types in Cali would chim in on Prop 8. Its passage is clearly discrimination under the law, (14th amend?), but as amendment can it be challenged? If not, I would like to propose several amendments myself that would benefit this great state, not the least of which would be a ban on Mormons (bigoted bastards that they are.) All the worlds fucking problems and they blow millions telling gays they can't married and the Inland Empire goes for it.

Mr. Drum: surely you must begin to realize that it is futile to expect political courage from Mr. Obama on any front. When has he ever demonstrated political courage or deviated meaningfully from his party's main line?

In the very same election African-Americans finally scale the mountain top they also lend the most damaging blow to equal rights for gay citizens. This irony is little commented on. Black Americans are notoriously homophobic. I've read upwards of 3/4 of them that voted on Prop 8 in CA supported the continued exclusion of gays from full participation in the vast and varied benefits of marriage. It's a troubling dilemma. I have to applaud their achieving the presidency yet deplore the bigoted and ignorant abuse they accord fellow sufferers of mistreatment. How do they, historically oppressed, demand a seat at the table yet desire others deserving equal rights and access be denied?

"When has he ever ... deviated meaningfully from his party's main line?"

He ran against Hillary and won.

Yes, Obama could have cut an ad and that might have helped.

Significantly, gay rights organizations could have stepped up and done the work on the ground to build support for gay marriage before they litigated to victory. Hell of their own making, I believe.

But shameful nonetheless for the many gay Californians who are married and who want to be married.

What I wonder is why a quarter of voters in the city of San Francisco voted for Prop 8.

Our only hope soon is that since the proposition was so badly written and ambiguous (if taken literally, it means the state can't do anything but recognize heterosexual marriages; can't levy taxes, hold elections, etc), it can be stricken by the court for being stupid.

That last one was me; I forgot to fill in my name.

A quarter of voters in the city of San Francisco voted for Prop 8 because San Francisco is not a monolithic bloc. It's a city of half a million people with sizeable african-american, asian-american and hispanic populations, as well as remnants of the old working class that's been here for decades.

If the Obama campaign had thought of cities and states as monolithic voting blocs, McCain would be planning his cabinet right now.

10 to 15 years? I suspect gay marriage will be on the California ballot in 2010 and every two years until it finally passes.

If you woke up this morning and found out Obama won, but that South Carolina had legalized slavery would you consider it a good election.

I have friends who have awoken this morning to discover that they can be legally discriminated against because they live in state of California.

I am outraged and sickened. America deserves its Ted Stevens and Michele Bachmanns. No Obama victory excuses writing bigotry into the Constitution -- even if that is a state constitution.

I once lived in California -- now that state joins Alabama as one place I will never move to.

I agree with Mark, above.

The time to start a repeal initiative is NOW. Right now.

Let's get going.

Not being from California, I have an important question about the process used in this Proposition.

If the California Constitution can be changed by a simple majority vote, then, in what sense is it really a constitution?

Isn't the purpose of a constitution to describe a framework of principles around which a state or nation can build a civilized society. If the California Constitution can be so easily changed, isn't it just another list of legislated rules, subject to the whim of the political moment.

Obama wins, but Prop 8 passes. Black America rejoices knowing that GLBT Americans are the new niggers in town.

50% + 1 vote. Hell of a way to run a constitution. Where's James Madison when you need him?

Please, tell your mother that her vote did away with the rights of gays and lesbians to make medical decisions for one another. As her what it would be like to be in the hospital with cancer and to have no partner or relative to advocate for her because that is the situation her vote has put me into. Ask her why her sentimentality has to kill others.

I'm sorry, but I'm done fighting. I and my family have been nothing more than a political football for as long as I've been a voter. I can't take getting beaten up in one more election cycle. I know when I'm not wanted. More and more, Americans are speaking loud and clear: I'm not valued here. I'll find someplace where I am.

Oddly, SF turnout was horrid.
Just under 50% registered voters came in.
http://www.sfgov.org/site/elections_index.asp?id=70720

Fewer voters than 2004 by about 100K or so. We sucked here in SF

What the heck is up with Mono County?

Or even if our governor, who had said he was opposed but lifted nary a finger to fight it, had campaigned and told the voters *why* he is opposed.

I'm not generally a single issue voter. But he's lost my vote when he runs for the Senate, as a result of this.

Though I'd like to think it will be stricken down on account of criminal stupidity, or that the numbers will change after the absentee votes are counted, both seem unlikely. But I'm all for a repeal initiative, and for putting a counter-amendment on the ballot in 2010.

Whether I can get married in the next 5 or 10 years isn't the problem for me. It's just a horrible feeling, watching your rights get voted away by the majority.

Also, to answer the very first commenter's question. We don't know what happens to already married couples because there are no precedents. But it seems like invalidating already-performed marriages will be hard, since it violates Federal law by retroactively invalidating a contract (or something like that ..err). A ridiculous outcome which just underscores the stupidity of the amendment.

The California Constitution is a joke; it needs to be scrapped. It shackles the legislature to strange payment streams and prevents the legislature from actually determining how to draft the budget. It needs to be scraped, and any new proposition/amendment should have a 65% threshold to pass.

Also, turnout was pretty poor for what should have been such a monumental election. And LA County went for Yes on 8, which can be said to be the margin of victory (since it has more than 1/4 of the population). So that was a fail.

"I'm sorry, but I'm done fighting. I and my family have been nothing more than a political football for as long as I've been a voter. I can't take getting beaten up in one more election cycle. I know when I'm not wanted. More and more, Americans are speaking loud and clear: I'm not valued here. I'll find someplace where I am."

My sentiments exactly. In the decade that I have been out of the closet and old enough to vote, it's been nothing but DOMAs and constitutional amendments.

Three years ago my husband and I moved to Canada. We watched with sadness and amazement as the results came in. The decision to emigrate is a complicated one, and shouldn't be made in a fit of anger. But after watching Americans across the country (in Florida, Arkansas, California and elsewhere) firmly and clearly chose for bigotry over equality, I am ever so glad we left when we did.

My husband and I married in Ottawa 5 years ago and have been contemplating emigration since then. I really thought Obama's election would be the end of my emigration fantasies. But Prop 8 brought new urgency to the decision. I don't know where to start, but I want to pursue it. Any information would be helpful.

Proponents of gay marriage should have kept this fight out of the courts solely used legislative means to achieve their goal. Keep pecking away in the legislature and gay marriage probably becomes legal much sooner than will now be the case.

email me at b_o_b_g_r_e_u_l at yah00 dot ca

take out the underscores and fix up the rest and it should work.

I'm a 48 year old LA gay man who has been in a relationship with my partner for almost 29 years. So this was a personal issue for me. I was always pretty pessimistic about the outcome. I know from many years of personal experience the great number of hateful bigoted religious folk in this country.

However, I'm not convinced that Obama would have had enough influence on the Prop 8 vote and even if he did, it would have been a tricky issue for him. I honestly don't fault him for his (non)actions.

I think more blame should be heaped on Governator Ahnold. If he had done an ad or two opposing Prop 8, I believe it would have made a HUGE difference and it wouldn't have hurt him politically.

My question is, how will Prop. 8 be enforced? I mean, how will the state know that the two people getting married are, in fact, a man and a woman? As far as I know, California does not require a blood test to get a marriage license. Will they start? Will they require a chromosome test to ensure there's one YY and one XY? That could lead to chain-of-evidence issues. Keep a doctor on hand to perform physicals? I don't get it.

Why wait for another five or 10 years if it's inevitable? I mean, I'd be willing to try it on the ballot every year and see how long the Utah Mormons are willing to spend their money to defeat it.

Brian,
The Calif legislature did approve gay marriages. Twice. Both times vetoed by Governor Ahhnold, who gave the typical Republican refrain, "We want activist judges to decide this for us." They did. Now you have the results. As Danno said, a lot of the blame is right there with our Governor.

It's sad that Prop 8 passed but it's not the end of the world. Seriously. How did California's domestic partnership law change when it was called marriage? No matter what it was called it's still a "fake" marriage because it only existed in the boundaries of the state-- take a weekend vacation to Las Vegas and suddenly you're no longer married. What kind of marriage equality is that? The symbolic kind that rings sorta hollow.

As a lesbian in a 10 year relationship I feel we have a lot to be thankful for right now-- we now have a president who *IS* inclusive of our families. I don't fault him or Hillary for mincing words on marriage because I am a pragmatic liberal-- I want them in office working on our issues, both behind the scenes and in the forefront. I think Obama and others will lead when the moment is right but I don't want them to sabotage their own political careers for the sake of the lgbt's struggle over marriage v. civil unions.

The fact is that the GLBT community is not unified on the issue of marriage. There are plenty of us who want the rights and don't give a crap about whether it's called "marriage" or "civil unions," I just want the rights, dammit.

Regardless, I also think this is the end of the backlash era. We have had amazingly fast change on glbt rights in this country-- things will and are getting better all the time. So chin up, folks. It's coming, we have to have a little patience and be prepared to do a lot more work to help people understand why these rights are important to us and our families.

Brian:

The California legislature passed bills in 2005 and 2007 supporting same-sex marriage rights and both times they were vetoed by Governor Schwarzenegger (I guess this makes him an "activist governor"). The case only arrived at the Supreme Court as a consequence of this continued blockage.

Sorry for unwittingly repeating Larry's point about the legislature.

We'll try this again in five or ten years and win easily.

Why wait? Mark & Steve are right; put a repeal on the ballot ASAP, and keep offering it in every election. The LDS church and other reactionaries may continue to spend millions trying to defeat it, but the more often they have to air their lying, bigoted attacks, the more voters will see through their crap.

The marriage equality argument is based on fairness and justice, while the anti-gay argument is based on deception and hate. People who favor marriage equality want this public conversation to continue long and loud, so people can come around to see where justice stands.

If the issue lies dormant for six, eight, or ten years, that only makes it more likely that the fear-baiting attacks used this time will work again.

Don't let up. Don't give up. Don't shut up. Instead, work, speak out, and keep the faith. Anybody who thought this was going to be easy hasn't been paying attention to history.

it costs a lot of money to put a measure on the ballot. They are also notoriously hard to time.

In other words, one could aim for the November 2010 statewide election, but you might get on the June 2010 gubernatorial primary election instead.

I really think we should see how the lawsuits work out--it really should not be that hard to convince people that it is NOT okay to take away the rights of other people by a popular vote.

Interestingly, a constitutional amendment which said "No law in the state of California may discriminate on the basis of race, religion, sex, sexual orientation, age or marital status" would be pretty damned hard to be voted down, and would functionally repeal Proposition 8.

Any billionaires who have 2-5 million to get the "Equality For All" Amendment?

As an outsider from Illinois I extend my heart felt support to Californians. Of course this impacts gay people all over the country and the world. We look to California to lead in many ways. Protests are not the solution. We need orchestrated grass roots action that sends a message about our real power. We are smart and we add to the economy at the highest levels. I suggest that we start to show the country how much of that economy we impact. Hit 'em in the pocket book. We should start implementing work stoppages. We are a tight enough group that if as a mass we all didn't show up to work on a given day (start costing these bigots money) things would change.

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