Speaking up, speaking out

[owlmoose]

Many of you have probably already heard about the nationwide protests against the passage of Proposition 8 on Saturday. At least one protest somewhere every state at 2:30 Eastern Time, Saturday, November 15th. The San Francisco event is at City Hall (of course), and I'm thinking really seriously about going. (Any locals interested in joining: ping me ASAP!)

I do wonder, though, about why now. Where was this outpouring of emotion and support two weeks ago, when it could have made a much more immediate difference? Dan Savage has a good take on why the reaction was delayed, but I still wonder. Of course, that raises the question of whether it would have made a difference. I think it would have, but who can say, really?

And I have to admit, late as it may be, it does me good to see how many other people are outraged by what happened to gay rights on November 4th. Momentum is shifting, and visibility can only help with that. Which is the main reason I am moved to join in on Saturday.

Comments

[furitaurus.livejournal.com]

Well, i don't know how or if it will change anything, but good luck to all of you. Is there any legal way to get the porposition overturned?

[owlmoose.livejournal.com]

At least two lawsuits have been filed against the proposition, challenging the constitutionality of the amendment. From an article in the SF Chronicle:

They argue that the initiative, a state constitutional amendment, violates other provisions of the California Constitution by taking rights away from a historically persecuted minority group and stripping judges of their power to protect that group. The couples' suits contend that Prop. 8 makes such fundamental changes that it amounts to a constitutional revision, which can be placed on the ballot only by a two-thirds vote of the Legislature.

A lawsuit to block the amendment from the ballot on the same grounds was filed before the election, and the court basically said "if it doesn't pass, it doesn't matter whether it's legal or not; come back if it passes." So they're back. The court's response to the initial lawsuit very specifically did not mention whether they thought it was a good argument, so it's definitely viable. How viable, no one knows; I don't think there's any real precedent in California case law. But there's at least a chance.