I had hoped today to post something about gay marriage, given the oral arguments before the Supreme Court. I had even outlined the piece I’d like to write, addressing the issue of jurisdiction, believing, as I do, that this is an issue best left to the legislatures, but recognizing some of the constitutional concerns (i.e., standing) which could lead the court to overturning Prop 8 without granting a federal “right” to state recognition of same-sex marriage.
And I wanted to distinguish the liberty issue from the state recognition issue. If the California constitutional provision (in question) deprived individuals of the freedom to marry rather than just one of state recognition of those unions, the court should strike down the law. But, marriage can exists (indeed, long has existed) independently of the state. And individuals can and do live as married couples without state recognition. Indeed, in California, many gay couples call themselves married and live freely even without the state sanctioning their unions.
All that said, this are issues which I would rather address in a more thoughtful manner. And since I have made writing my epic my top priority, I chose to work on that before turning to the blog. That effort today was a bit more challenging than I had anticipated. And I had to struggle with one section. And I have a sense that this part may require significant revision–and perhaps a few changes in story line.
The point being that writing-wise, now I feel completely drained (even more so than I have on previous days when I put in a similar effort on the book). And now I have to start preparing for a Seder tonight, so lack the time to give this issue the attention it deserves. Will share with you though an exchange I just had with a Facebook friend when I replied a posting he offered just as I started writing this:
HE: Marriage equality [sic] seems pretty popular. Why wasn’t Prop 8 repeal on the ballot way back in 2012?
Unlike · · 17 minutes ago ·
You like this.
ME: My point exactly, well, except for calling it “marriage equality.”
ME: Even if the Court upholds Prop 8, [California] voters will overturn it in 2014. And it won’t even be close.
In other words, the state of California will recognize same-sex marriages, either in 2013 by judicial fiat — or, in 2014 via popular initiative.
As our readers surely have guessed, I would prefer the latter.