The title from this diary is a direct quote from the majority decision (pdf) written by California Supreme Court Chief Justice Ronald George that legalized same-sex marriage within the state:
We therefore conclude that in view of the substance and significance of the fundamental constitutional right to form a family relationship, the California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples.
Even if gay marriage isn't something you consider to be a personal priority, you absolutely should care about today's ruling in the context of civil rights and the rights of those in minorities.
So now we find ourselves here today just hours away from the California releasing its decision about Prop 8, a November ballot initiative that passed, 52-48.
As you probably know, the question on the table is whether Prop 8 can be considered a fundamental revision to the Constitution, in which case the way in which it was passed and its support are not sufficient for adoption.
I certainly don't presume to know how the Court will rule, but there were signs during the Court's hearing on the issue that it was leaning toward upholding the "will of the voters" and allowing this to stand as a Constitutional amendment while not classifying this as a fundamental revision.
Surely such a ruling would be a very frustrating defeat for the LGBT movement here in California, and across the country, but that's always something that can be rectified and probably would be within a couple years. Yes, that's pretty cold and civil liberties should never have to wait until everyone is comfortable with them. But it'll happen.
What I'm more concerned about with this ruling is the potential for the outright dismissal of the principle of "Majority rule, minority rights." It's right there in the text of the initial ruling. Same sex marriage is a basic civil right and a fundamental constitutional right.
If Prop 8 is upheld, that means we could start circulating petitions to get a proposition on the ballot to rescind California's recognition of the marriage between people who are actively practicing the Mormon faith, and if such an abhorrent law was passed by the people of the state, well, the court shouldn't touch it cause it's "the will of the people."
Of course, I'm still crossing my fingers that this things ends up right and that the California Supreme Court is willing to call a spade a spade at this point, but I'm not gonna get my hopes up. But I'm crossing my fingers.