A Heartbreaking Work

The decision which was made on May 26th by the California Supreme Court was in every way a concussion to the hope that I have for my future. The decision to uphold Proposition 8, passed in November of last year by a 5% margin, was extremely divisive. I can remember the intense despair that many of my friends and I felt, not because it hampered our ability to marry, but because it spoke so poorly of the tolerance common to the meagerly rational electorate. My view of that degree of hateful discrimination was, as it is ever more, simply this: I cannot bear the thought that so many people who are so bad at thinking are given so much power.

For me, ethical decisions are almost entirely logical processes which, while frequently stressing because of their ability to produce several rationally supported answers, are at the very least justified, arguable on some basis common to opponents, and amenable to scrutiny and revision. I will revisit this point often in this blog entry, in the debates which will inevitably follow it, and indeed throughout my life, owing to the maddening insistence of a worldview that almost any pain is a better option than intellectual numbness. The first part of my criticism stems from the way that people voted on the initial ballot; it is an issue of predictability. Deplorably, the voter data speaks volumes about the way in which lifestyle, not logic, informs the way that people vote.* I thought that in the supreme court, a body whose title trumpets the gravity of its purpose, there must be a tendency to get it right. In other words, I do not have confidence that any random majority will choose the right thing most of the time, but I do hope that a trained and rigorous council of experts will do just that. Today, that sentiment is proved worthless.

Briefly, for those of you who have not had time to read the public content the 6-1 majority decision, or about any of the defenses for either side, here is an unbiased recapitulation of the reason that the appeal was denied. After Proposition 8 was passed, the opponents to the proposition alleged that the vote amounted to a revision, which necessitates that two-thirds of the legislature rule in favor of its ratification. The corollary of this argument is that the law which would be enacted as a result of passing Proposition 8 is not simply an amendment to the state constitution, and therefore not available to the public to decide based on opinion. It is inaccurate, although understandable given the intense frustration prompted by the CASC decision, to suggest that the court ruled that a ban on same-sex marriages is constitutional. In fact, they have done the opposite of this only last year, whereupon over 18,000 same-sex couples were legally married. Rather, the CASC ruled first, in 2008, that marriage should extend to same-sex couples, and has ruled now, in 2009, that the public does indeed have a right to vote that it wants an amendment to the state constitution which would disallow this sort of union. Attorney General Jerry Brown also asserted in his appeal that the proposition would violate a Californian citizen's right to privacy, and that it rescind an inalienable right. The CASC flatly denied both of these appeals, stating simply: "No authority supports the attorney general's claim."

I say categorically that if you have voted in favor of Proposition 8, if you do favor its sentiment, or if you support the efforts of anti-appeal campaigns in that vein, I have an overwhelming and unmatched disdain for your position. There are many opinion-related matters in a wide variety of fields in which I may oppose a certain view in the argument for which I can see some sort of merit. That is to say, it is absolutely the case that I have disagreements with people, but I can almost always see that my opponent has some reasoning. Gay marriage is one instance which is not governed by this general rule of understanding. In my research of the initial proposition and of the recent court decision, I have encountered dozens of criticisms of gay marriage and of the position supporting gay marriage. Every tiny word of it is nonsense, and wholly unsupportable by any mind with the slightest portion of decency, modesty, or honesty. Not only do I firmly revile the desire to ban gay marriage, but I can see absolutely no evidence to support the assertion that is it either ethically supportable or utilitarian. The anti-gay marriage position is small, it is disgusting, and it embarrasses me every last second that it is allowed to be propagated.

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*According to the raw data collected and aggregated by the Sacramento Bee following the poll results, those most keen to vote to restrict the legality of gay marriage were: Republican or conservative (82/85%), black (70%) or Hispanic (53%), Protestant (65%), Catholic (64%), a high school graduate (56%), older than 30 (55% for voters 30-44; 54% for voters 45-64; and 61% for voters 65 and older), gun owners (62%), supportive of the war in Iraq (85%), and supportive of Bush's policies and presidency (86%). According to the same data, those who voted to support the gay right to marriage were: registered Democrats, independents, or liberals (64/54/78%), white or Asian (51%), non-religious (90%), and post-graduate students (60%). Interestingly, 61% of the people who voted YES on Proposition 8 also said that race was a factor for their vote in the Presidential election.