California: Girl + Girl = Marriage
About a year ago, I was visiting friends in Los Angeles. They had a small dinner party in my honor. All of us were lesbians, all relatively political. One couple had been together nearly 30 years, since they met in law school; another couple was raising school-age kids; I was the "gay divorcee," having just separated from my partner after 19 years (much as happened to my parents' marriage after 20 years. Is the 20-year divorce caused by nature or nurture? Discuss).
Naturally, the conversation turned toward the Californians' frustrations that Gov. Arnold kept vetoing the California legislature's freedom-to-marry law ... and their frustrations that their progressive nongay friends dismissed their concern with the issue. After all, their nongay friends told them, registered domestic partnership protected them (California's domestic partnership is equivalent to Vermont's civil unions): Wasn't that enough? Nope. There are legal differences. But even if there weren't, as one friend of mine loves to say, you get to your destination whether you sit in the front or the back of the bus ... and yet it's still an indignity to be forced to sit in the back. I mocked my friends mildly that California was trailing so far behind my state of Massachusetts, and I promised to come to their weddings when they won.
Hearing frustrations that we had almost forgotten in Massachusetts, it struck me how very deeply the Massachusetts marriage decision had sunk into my psyche. I really have stopped feeling 'queer' here. Nobody around here blinks an eye when I talk about the confusions of dating (or not dating, as the case may be: now accepting applicants!) after two decades of marriage. Here in the Boston area, same-sex couples hold each others' hands in public or kiss goodby at the airport without anyone glancing at them: After all, they could be married. Two women or two men who look like they are together get treated openly as a couple—at restaurants or shops—in a way that feels simply honest and dignified. It's a complete transformation from my youth, when the possibility of violence always simmered nearby, when shocking comments could flow at any minute. Another friend says that listening to me is like listening to her older black friends describe living through the end of Jim Crow. Yes, there's still antigay sentiment here in Massachusetts, but it makes an enormous difference when a couple's vows to each other are recognized not just by the pair, not just by their families, but also by our government.
And it's hard to convey how very proud so many Massachusetts citizens are of having gone first. I've had state legislators tell me, in their deeply-stained Massachusetts accents, that they were opposed to gender-neutralizing marriage at first—but once they started hearing from their newly married constituents, they knew they had to vote in favor of upholding the Goodridge decision. They did vote on our side. Those who voted against full marriage rights lost their seats.
California's legislators have already voted twice in favor of full marriage rights for all; the Governator vetoed it, tossing the issue to the courts. Now the issue will be voted on popular referendum this fall. No state's popular vote has yet favored full, gender-neutral marriage. Although California's opinion trends are in the right direction, the state has an enormous conservative population. (It's the state where a 14-year-old killed his classmate for being openly gay.) This vote will be a big test. The good news is that California activists have been preparing for this matchup ever since they lost their first marriage ballot in 2000, in the proposition that the CSC just struck down, with widespread education. If any state can do defeat this bill, it's the Golden State.
I won't be flying out for any California weddings this week; my friends will wait until they've really & truly won. But I lift my coffee mug for the state's 100,000 registered domestic partners and their children—who are full citizens, for now. May the very large country of California, with its population of 36 million, be as peacefully and easily transformed as the tinier, chillier state of Massachusetts!
AND NOW a question for Dahlia: Am I reading the decision correctly? Did the California Supremes just say that sexual orientation is a fully "suspect class," equivalent to race, sex, and religion—that discrimination against LGBT folks gets, as you lawyers say, strict scrutiny? And is that as big a deal as it strikes me?