Today's post is from Lillian B. Rubin, the author of twelve books, including 60 on Up, The Man with the Beautiful Voice, Tangled Lives, Worlds of Pain, Intimate Strangers, and Just Friends. A sociologist and psychotherapist, Dr. Rubin is a senior researcher at the Institute for the Study of Social Change at the University of California, Berkeley.
On May 16, 2008 the California Supreme Court struck down the state's ban on same-sex marriage. The ink hadn't yet dried on the landmark decision when opponents filed an initiative, Proposition 8, to appear on the November 2008 ballot that would amend the state's constitution to read: "Only marriage between a man and a woman is valid or recognized in California."
But it didn't dim the celebration because no one seriously thought it would pass. Not here in California; not now in 2008; not our neighbors, our friends, our allies in a hundred political struggles over the years.
Everyone knew, of course, that there were deeply-held feelings in opposition to same-sex marriage, that forty-seven states prohibit it, that most don't recognize the legitimacy of such marriages that are performed in states that allow it, and that at least one, Wisconsin, whose constitution was amended in 2006 to prohibit same-sex marriage, has a longstanding, little-known law that carries up to a $10,000 fine, nine months in prison, or both for couples who return to the state after marrying legally elsewhere. The law, passed decades ago to prevent teenagers from crossing state lines to marry, could now be used against same-sex couples, the Madison Capitol Times warned recently.
But that was there. This was here and now: a new time, a new day, a new beginning. Indeed, optimism was so high that UCLA's Williams Institute on Sexual Orientation Law and Public Policy projected that about half of California's roughly 100,000 same-sex couples would marry in the next three years and 68,000 out-of-state couples would travel to California to exchange vows.
Fast forward to November 4, 2008 – Election Day. By a five-point margin, roughly 52-47, California voters said yes to a constitutional ban on same-sex marriage. Yes, here in California; yes, now in 2008; yes, our neighbors, our friends, our allies in a hundred political struggles over the years.