So We Wait for the California Supreme Court to Decide our Fate: Married or Lesser Thans?

Aug. 24th, 2008 pic by Shoshanna Weston. photographer.

So here we wait, my spouse Mina and I , Sharon, to find out whether we are part of the equal human race when it comes to marriage rights. Tuesday I am told is the big day. Do we express our anger or celebrate a victory. Experts seems to think we will be dealt a blow by the California Supreme Court saying Proposition 8 which won by a slim margin of voters in June 08 will be upheld excepts, perhaps, the portion that pertains to the 18,000 of whom Mina and I are part who married when it was legal in California August of 08. the irony is it is the same State Supreme Court that decided it was right and legal for us to marry in the first place.

The issue seems to revolve around whether the state initiative to ban Gay Marriage was legal and constitutionally valid at the time it was put on the ballot. Jerry Brown, our Atty. General, argued in what appears to be a minority argument that the people of California have no right to take away certain basic rights that have been granted in this case by the same Supreme Court. Other legal proponents of Gay Marriageargued on the basis the initiative process was flawed and should not have been introduced and that by taking away these recently approved rights, Lesbian and Gay will be hurt by a news lowered status. This is true.

It is hard to imagine that this high court is going to take away Mina and my and others right to be and to stay married. If we are allowed to stay married, I think the ruling will be further flawed by not going the whole way by thwoing out the initiave. The State should not have its cake and eat it too. Yes, I am hurting our case by saying this but I think the court is in a pickle and our situation further aggravates and points out the inequities in this absurd situation that the right wing fundamentalist and other anti-Gay forces have put them (the Ca. High Court) in. So we wait knowing we have little chance of winning though the new 6 states that now have approved Gay Marriage should be a strong feather in the cap of Gay effort to support Gay Marriage in our State (California) too. California should have been the first state to approve Gay Marriage and not be way down the line among states dealing with the Lesbian and Gay Marriage issue.

So we wait to hear our fate. Are we Equalsl or Lesser Thans? How will we feel either way? If we lose, I think way down deep, we will be shocked by the narrow stupidity of it all and the slap in the face. If we win, it will be a shock to our systems too but then we can celebrate and say in the end, it was worth all the protest and effort to be equal within the boundaries of a system with so many flaws and limitations. I never thought the institution of marriage was a wonderful thing but I do know it helps protect the spouse who is financially weaker and it helps both couples in terms of morale and in helping gain support and caring of family and friends even those who have doubts. Once federally recognized, my spouse would also be eligible for social security and over a 1,000 other rights and privileges. Let it

be

already.

Sharon Raphael, (We have been a couple for 38 years, since 1971) (We are legally married as of this date (May, 23, 2009)
We also were married in SF in 2004 and that marriage was voided) (Hope it is not something we have to experience twice)