Friday, March 6, 2009

California supreme court: Marriage is just a word

Marriage for gay couples seems to be ended in California, but it seems that the justices take hat VERY narrowly, namely meaning just the word marriage. They pretty much explicitly say that gays should have the same rights, and that no form of discrimination is allowed. Or as justice Kennard, one of the two swing voters indicated:

She reminded lawyers that the "core" part of last year's marriage ruling required the state to give sexual orientation the same constitutional protection as race and gender.

Proposition 8 "hasn't destroyed equal protection," Kennard said.

So, here we go again, do we want the same rights, or do we want the same term? I think the gay movement in this country is loosing ground by requiring that we get the same term and the same rights, because much of the opposition has to do with the term. Many religious people see marriage as a sacred term, and just for that purpose, they object to it. So, by choosing for equal rights, and give the term marriage to the religious for the time being, we can improve dramatically in our rights. As soon as we have our rights, we can argue that the term marriage should be taken out of the legal system because it is a violation of the separation between church and state, but that is a fight we can fight later.

It is time that someone asks for the same rights from the Californian government without wanting to use the word marriage, and see what the justices of the supreme court rule. One willing municipality (San Francisco?) who make a move towards and it might be quickly enough resolved. As long as we want to have rights to the word Marriage, we are loosing this battle. (Now I duck and run for the anger this provokes from my fellow gay activists)

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