Thursday, Jan. 21, 2010
Banning Divorce
Chris Rudisill
We are in the midst of Week 2 in the Proposition 8 trial (Perry vs. Schwarzenegger) in California. The case presided over by Judge Vaughn Walker is expected to last several weeks and has thus far been filled with emotional and eye-opening testimony. In the trial, plaintiffs are claiming a violation of their equal protection guarantee under the U.S. Constitution's 14th Amendment. This is the first federal case for marriage equality and the first time where a judge has heard personal testimony from people on the issue.
In case you were living under a rock the past two years, in the summer of 2008 California briefly legalized same-sex marriage after the state's Supreme Court voted that limiting marriage between opposite sex couples did just that, violate the equal protection guarantee of same-sex couples. Then in November that same year, voters in California passed Proposition 8 which amended the state's constitution to limit marriage to those occurring between a man and a woman, by a close 52 percent of the vote. Thirty states now have verbiage in their state constitutions that bans same-sex marriage. Following the California referendum, the state's Supreme Court ruled that Proposition 8 was legit and only those marriages performed before the vote would be recognized.
It sounds confusing I know, but basically the case will likely determine the fate of marriage equality across the country. No matter how Judge Walker rules, most legal experts predict that it will be appealed and will eventually come before the U.S. Supreme Court, where it will either justify or overrule the marriage amendments in every state. I've kept up with the trial so far through blogs and reporter commentary like that on www.MercuryNews.com. Experts on marriage and LGBT discrimination, economic experts and same-sex couples have taken the stand. Clearly the most emotional testimony came on Day 1, when the two couples represented in the case for the first time were able to tell a judge their personal experiences and what marriage means to them. Proponents of marriage equality are hopeful that personal testimony will make the difference in this case because it will finally put a face on the issue. Marriage equality is affecting real people and the judge - and those in the courtroom - will get a chance to see those effects first-hand.
On Day 5 of the trial Helen Zia, a writer and lesbian who married in California during the state's narrow window that allowed same-sex betrothals, testified about how marriage has transformed her life. In her testimony she talked about a death in her wife's family and the difference it made to be married. "In those most important moments in our lives, marriage made it very clear we are family and where we stand," Zia said, according to Howard Mints of The San Jose (California) Mercury News.
Meanwhile, Sacramento, Calif., resident John Marcotte decided it was time to fire back at the opponents of same-sex marriage by filing a voter initiative of his own -one that will ban divorce in the state. On Sept. 1, Marcotte filed the paperwork to get his "2010 California Marriage Protection Act" on the ballot. He told Rob Cockerham of www.cockeyed.com that if passed "99.99 percent of all marriages would be set in stone. It's a return to traditional values." It's somewhat of a satirical effort, but Marcotte, a 32-year-old married father of two, has clearly shown us how hypocritical a ban on same-sex marriage promoted as protecting the foundation of marriage can be.
The group and its Web site (www.RescueMarriage.org) have gotten a lot of national publicity and organizers are trying to garner a needed 694,354 valid signatures by March 22 to get on the ballot. The U.S. divorce rate is 47.9 percent, according to the National Center for Health Statistics.
So if people feel that it is OK to take away the right to marry the person that I love and wish to share my life with, should I also be able to take away others' rights to break the marriage commitment that they have made? Let's talk about fairness here. You can't argue that marriage is a sacred traditional union between a man and woman and then argue that it should be allowed to be broken at any time and pretty much for any reason. You can't argue that allowing marriage between two men or between two women will ruin the sanctity of your own marriages. I can guarantee that allowing me to marry another man has nothing to do with your marriage at all. The only thing it will effect is my own relationship and the way my relationship is viewed by the world.
No, I clearly do not think that there should be a ban on divorce as Marcotte suggests and I hope I never have to think about getting divorced, but I should have the right to. Whether it is a lifelong love or someone randomly met on a drunken weekend in Vegas, I should have that same right and the ability to marry whomever I want. That, luckily, is why we have a justice system and soon we will see if it actually still works toward protecting those rights of America's minorities.
HRC CAROLINAS ANNOUNCE WINNERS
The 2010 Human Rights Campaign (HRC) Carolinas Gala Committee and the North Carolina Steering Committee have selected the recipients of this year's Equality Awards. The awards will be presented at the HRC Carolinas Gala on Feb. 27 and are given annually to individuals and organizations in North and South Carolina who have helped further the rights and freedoms of the LGBT community. This year's winners are the Guilford Green Foundation in Greensboro, N.C., Mary Elizabeth Lennon of Charlotte, N.C., and David Parker of Colfax, N.C.
This year's gala will be at the Raleigh (N.C.) Convention Center and Raleigh native Clay Aiken, recently outed lesbian actress Meredith Baxter and HRC President Joe Solmonese will headline the event. Tickets for the event are $175 if purchased before Feb. 10. Price also includes a one-year membership to HRC and a subscription to the quarterly HRC magazine. For more information and tickets, go to www.hrccarolinas.org.
OUT & ABOUT
Sunday, Jan. 24 - Want to be a part of Pride in Myrtle Beach? The Myrtle Beach Pride committee will meet from 4 - 5 p.m. Sunday at Rainbow House Bar & Grill, at 815 North Kings Highway in downtown Myrtle Beach. The meeting is open to anyone.
Monday, Feb. 1 - Get ready for another season of drag and drama as "RuPaul's Drag Race" Season 2 premieres Feb. 1 on LOGO Network. The series, which took drag to new heights last year, presents drag queens from all over the country vying for the title of America's Next Drag Superstar. For more information and show times visit www.logoonline.com and if you're looking for the real thing swing by Time Out! every Monday for the Knock Down Drag Out drag competition. The second run of the popular drag-off starts at midnight and the final drag battles take place on March 1. Time Out! is at 520 Eighth Avenue North in downtown Myrtle Beach.
Have a thought, comment or Out & About event? Send Chris Rudisill an e-mail to SouthernGayWriter@gmail.com. You can also follow along on Facebook.com@SouthernGayWriter for more news and events.
