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Mark Leno: Reaction to Prop 8
Statement from Senator Mark Leno
Reaction to the California Supreme Court decision upholding Proposition 8’s ban on marriage for same-sex couples. Presented at the LGBT Legislative Caucus press conference on May 26, 2009
“Good morning, everybody. Thank you for joining us. I’m very heartened at a very painful moment to be surrounded by so many champions of equality — leaders here in the Legislature of course, this state having made history by being the very first to consider and then pass a marriage equality bill and place it on its governor’s desk — not once, but twice.
“As Barack Obama has made history today with his announcement of his nomination for the U.S. Supreme Court, taking a step into the 21st Century, California’s Supreme Court is retreating to the dark and discriminatory days of the 20th Century. This is a great stain on this court, and I think it is a decision that history will not look kindly upon.
“That which was before the court is so much more than just the question of marriage equality; that was decided by the same court a full year ago when they said it was unconstitutional to deny marriage licenses to same-sex couples. They argue that even though in California, where we have a domestic partner registry that affords all the same rights, benefits, privileges, responsibilities, and obligations of marriage to same-sex couples, it was still unconstitutional to deny same-sex couples the word, the term, “marriage.” They argued about the importance of the nomenclature.
“They completely flipped their position this time around, arguing that no rights had been taken away by Prop 8; all the same rights and benefits, privileges, and obligations are still there for same-sex couples. We’re just limiting the use of a term. They have reversed themselves and I believe embarrassed themselves in the process. But as I was saying, this is about much more than the question of marriage equality decided a full year ago. The question before this court was whether a fundamental concept of our constitutional democracy — equal protection under the law — can be undermined for any particular minority by a simple majority vote.
“Their decision says, 'Minorities do not matter.'
“This has great implications. Watch out everyone. Who’s next? Who is that 51 or 52 percent going to come after next? They are unbridled as a result of this Supreme Court decision. And consider the messiness of the situation our court has now constructed. So yes, we will be back at the ballot next year and we will prevail because public opinion is moving at unprecedented and historical speed in our direction. But, with this court’s decision, our opponents could be back in 2012, and depending on who comes out and what happens—money spent; misinformation and lies permeated through expensive television commercials; we don’t know what the outcome would be, and you see suddenly civil rights are just a game of ping pong. No constitutional foundation. No certainty of any concept of any democracy and fairness whatsoever. It’s all a matter now of a simple majority vote.
“Justice Moreno’s comments were exquisite in their simplicity, and Assemblyman Perez has already shared some of them with you: ‘Promising equal treatment to some is fundamentally different from promising equal treatment for all. Promising treatment that is almost equal is fundamentally different than ensuring truly equal treatment.’
“You know, we hear a lot about this equal protection clause. It’s a very simple statement: ‘No citizen or class of citizens shall be granted any privilege or immunity not granted to all citizens on the same terms.’
“The California Supreme Court said today, ‘It doesn’t matter to us.' Equal protection under the law can now be narrowed here. Next time it can be narrowed there. This is an assault on our constitutional democracy. We will prevail, but this is a sad day for this court and for this state. Thank you for being with us.
“And, I just want to make one final comment because there will be response. There will be extraordinary response. People will be taking to the streets. I urge everyone to learn from the teachings of Dr. King, Mahatma Gandhi, and yes, Harvey Milk, that we can peacefully and non violently make our points, and in so win evermore hearts of California voters who will finally — in spite of the Supreme Court — fulfill the great promise of our democracy — with liberty and justice for all. Thank you.”
http://dist03.casen.govoffice.com/index.asp?Type=B_PR&SEC=%7b0B...
Reaction to the California Supreme Court decision upholding Proposition 8’s ban on marriage for same-sex couples. Presented at the LGBT Legislative Caucus press conference on May 26, 2009
“Good morning, everybody. Thank you for joining us. I’m very heartened at a very painful moment to be surrounded by so many champions of equality — leaders here in the Legislature of course, this state having made history by being the very first to consider and then pass a marriage equality bill and place it on its governor’s desk — not once, but twice.
“As Barack Obama has made history today with his announcement of his nomination for the U.S. Supreme Court, taking a step into the 21st Century, California’s Supreme Court is retreating to the dark and discriminatory days of the 20th Century. This is a great stain on this court, and I think it is a decision that history will not look kindly upon.
“That which was before the court is so much more than just the question of marriage equality; that was decided by the same court a full year ago when they said it was unconstitutional to deny marriage licenses to same-sex couples. They argue that even though in California, where we have a domestic partner registry that affords all the same rights, benefits, privileges, responsibilities, and obligations of marriage to same-sex couples, it was still unconstitutional to deny same-sex couples the word, the term, “marriage.” They argued about the importance of the nomenclature.
“They completely flipped their position this time around, arguing that no rights had been taken away by Prop 8; all the same rights and benefits, privileges, and obligations are still there for same-sex couples. We’re just limiting the use of a term. They have reversed themselves and I believe embarrassed themselves in the process. But as I was saying, this is about much more than the question of marriage equality decided a full year ago. The question before this court was whether a fundamental concept of our constitutional democracy — equal protection under the law — can be undermined for any particular minority by a simple majority vote.
“Their decision says, 'Minorities do not matter.'
“This has great implications. Watch out everyone. Who’s next? Who is that 51 or 52 percent going to come after next? They are unbridled as a result of this Supreme Court decision. And consider the messiness of the situation our court has now constructed. So yes, we will be back at the ballot next year and we will prevail because public opinion is moving at unprecedented and historical speed in our direction. But, with this court’s decision, our opponents could be back in 2012, and depending on who comes out and what happens—money spent; misinformation and lies permeated through expensive television commercials; we don’t know what the outcome would be, and you see suddenly civil rights are just a game of ping pong. No constitutional foundation. No certainty of any concept of any democracy and fairness whatsoever. It’s all a matter now of a simple majority vote.
“Justice Moreno’s comments were exquisite in their simplicity, and Assemblyman Perez has already shared some of them with you: ‘Promising equal treatment to some is fundamentally different from promising equal treatment for all. Promising treatment that is almost equal is fundamentally different than ensuring truly equal treatment.’
“You know, we hear a lot about this equal protection clause. It’s a very simple statement: ‘No citizen or class of citizens shall be granted any privilege or immunity not granted to all citizens on the same terms.’
“The California Supreme Court said today, ‘It doesn’t matter to us.' Equal protection under the law can now be narrowed here. Next time it can be narrowed there. This is an assault on our constitutional democracy. We will prevail, but this is a sad day for this court and for this state. Thank you for being with us.
“And, I just want to make one final comment because there will be response. There will be extraordinary response. People will be taking to the streets. I urge everyone to learn from the teachings of Dr. King, Mahatma Gandhi, and yes, Harvey Milk, that we can peacefully and non violently make our points, and in so win evermore hearts of California voters who will finally — in spite of the Supreme Court — fulfill the great promise of our democracy — with liberty and justice for all. Thank you.”
http://dist03.casen.govoffice.com/index.asp?Type=B_PR&SEC=%7b0B...
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