Guest Blogger: Activist Challenges “no resting on laurels”

March 06, 2009

Guest Blogger: James Hipps

I have just finished listening to arguments as to why Proposition 8 in California should or should not be repealed. As anticipated, I found a great deal of posturing, and a severe lack of presentation as to why this measure should be invalidated.

With the exception of California Deputy Attorney General Christopher Krueger, who of course was speaking in support of a repeal on the same-sex marriage ban, most were well spoken, and made concise points for opening arguments. Krueger on the other hand, spoke as though he was a nervous college student giving a first time public speech. He simply appeared to be out of his league.

Kenneth Starr, who is leading the case for Proposition 8, thus opposes same-sex marriage, threw out such rhetoric as; all we are asking is to “restore the traditional definition that has been in place since the beginning”, “opinions have integrity” and “let us protect the integrity of the structure” and of course, “rights are ultimately defined by the people”.

Starr also stated it is not the court’s place to determine what marriage is or isn’t. He attempted to compare allowing same-sex marriage rights to the right of being able to scalp tickets?? (I’m not sure what that was about!) Starr was asked by the justices whether or not Prop 8 invalidates the marriages that took place prior to the passing of Prop 8, and he said “no, is doesn’t invalidate, it simply just doesn’t recognize” those marriages. But then he turned around and said yes, Prop 8 does make those marriages no longer valid. So I’m not sure what he was really trying to say other than he supports bigotry and inequality.
Two points I would like to make…even though there was nothing new brought up today that was groundbreaking or unequivocally convincing, there were two points not brought up. I feel they are very important points and should not have been overlooked.

One, unless I totally missed it, it wasn’t mentioned that this is a civil rights issue and because of that, such decisions should not be left up to the vote of the people.

Secondly, it was mentioned that this was the will of the people. However, it was not once mentioned that not all people in the state of California voted, therefore, unless you have a 100% turnout, I don’t see how you can truly claim it to be the will of the people. I am well aware that a majority of those who did vote made the decision, but I am stand firm that unless you have 100% voter turnout, then you can not say it was the will of the people. All you can say is that was the will of the majority of those who did vote. Yes this is a grey area, but the fact remains, it’s only the will of a majority (small majority) of those who actually voted, not the people. I feel strongly there is a difference. Some may say I’m just mincing words, but if I’m guilty of that, I’m not guilty of doing anything different than those who are working to prevent all people from having equal rights.

My initial after thought; if Proposition 8 stands, the court system has failed, as civil rights and equality, should never be left up to a vote.

Many on-line sources have already stated it looks as though the court will uphold Proposition 8, but not nullify those marriages that took place prior to it’s passing. At first, I became slightly annoyed by this forecast, as it appeared to be a dark cloud of looming inevitability that same sex marriage will remain illegal in the state of California. Just as quickly as I felt burdened by the negativity however, I began to feel inspired, and the cloud quickly lifted and a beacon of light began to shine. A light that is hope, and will lead us to equality.
Perhaps it shouldn’t be up to the courts to decide our rights. If that happens, there will always be the notion from adversaries that we don’t deserve those rights. It will be said that “activist judges” gave our equality to us. Many will claim the will of a “special interest” group outweighed the will of the people. It will create an even stronger divide, and could potentially set us back even further in those states where even more work is yet to be done.

Let’s take this as a call, a call to work. This is up to each and every one of us. We truly must take this back to the grassroots level. Take time to speak to your neighbors and friends. Speak to you co-workers, your family and your children. Let people know how you feel, and ask for their support. Build bridges and gain allies. Don’t put up walls, and most importantly don’t give up.

Unfortunately, I see a great deal of apathy in the LGBT community. Now is not the time for resting on our laurels. Now is not the time to expect rights and equality will simply be given to us. Now is the time to rise. Now is the time to stand up and challenge those who challenge us. Don’t be afraid to ask how your marriage would affect the lives of others. More importantly, don’t be afraid to ask how another’s marriage would affect your life! Challenge what you know is wrong, and speak up for what you know is right. Let people see the hurt in your eyes. Let people know the hurt and emptiness that comes with discrimination. We don’t have to change the view of all in the world, but we have to change the minds of those who under any other circumstance would love and support us. If we each gain support from just one other person, we have doubled our support and greatly increased our chances of winning our rights. If those who oppose us want a majority vote to decide, then let’s give them what they ask, and leave no room for accusations of preferential treatment. Let’s join together anyway we can. Let’s build community among ourselves so other can see the magnitude of our issues. The time has come for us to build…not walls, but relationships. The time has come for us to overcome!

For all of those in the world, who oppose equality and inclusion for the LGBT community, I would like to leave you with this thought. Whether you know it or not, someone you love is gay. Whether you know them or not, someone gay is fighting for rights from which we will all benefit.


James Hipps is editor for GayAgenda.com