Last night in West Hollywood, close to a thousand supporters of marriage equality, including many of the 18,000 same-sex couples legally married in California and other same-sex families who have been denied that right, laughed, hugged and celebrated Judge Vaughn Walker’s ruling in the Prop 8 trial, which invalidated the gay marriage ban in California. Ted Olson and David Boies, the one-time adversaries who came together on this case to represent the plaintiffs in Perry v. Schwarzenegger, addressed the crowd in an event that took on the image of a campaign rally after a primary victory.
Speaking in front of a large banner of the American Foundation for Equal Rights, festooned with American flags, and flanked by the plaintiffs in the case and several same-sex families, Boies and Olson thanked the crowd for their support and vowed to keep fighting until all Americans had full equality under the law. Boies, who lost to Olson in the Bush v. Gore case before the Supreme Court, said that Perry v. Schwarzenegger was the most satisfying case of his entire career. “Because this case is about people who had to go out and risk themselves, their security, their health, their lives… This victory is for the foundation and for the plaintiffs, but it is for you, it is for America.”
Afterwards, as if they were two politicians headed to their national nominating convention, Olson and Boies descended from the dais to the strains of songs like “Born in the USA” and “Signed, Sealed, Delivered.” They reached out to people who lined up in front of the stage, taking pictures and exchanging words of appreciation. One man went up to Boies and exclaimed “No rational basis! No rational basis!” Honestly, it looked like Boies/Olson just won the Nebraska primary or something. (I have video of some of Boies’ speech and of the receiving lines, and well as some additional color, which I’ll try to put up later today.)
The American Foundation for Equal Rights, which is funding the effort, took the opportunity to do some organizing. They asked the crowd to text a donation to their foundation through their cell phones. I saw other groups, like Equality California, signing people up at the event. This was a celebration, but also another step in a civil rights movement, and while the mood was jubilant, those gathered were mindful that this is just another milestone along a long path, and that they must continue to be vigilant. You’re seeing a potent political force emerging through this movement. I know there’s a strain of thought that this lawsuit pushed too far too fast and may cripple the marriage equality movement, but that’s an analytic, legalistic view, and one that results in endless delays of justice, I might add. From an emotional standpoint, and a community organizing one, this lawsuit is the best thing that could possibly have happened.
Three of the hundreds in attendance happened to have some personal ties to me. Onstage last night, behind Boies, Olson, some of the plaintiffs and the legal team were my cousin, his husband, and their young son (they’ve been quoted in the papers, but I’m just going to not use their names here). They joined a number of families at the event on the dais, projecting a powerful image of those who saw their rights restored by this ruling. My cousin and his partner are actually among the 18,000 couples who married after the state Supreme Court ruling in May 2008, and who are still considered legally married in California even after Prop 8. But this personal situation doesn’t satisfy them. “It feels like being a free slave in a slave state,” said my cousin’s husband. “It’s fine for us, but we want everyone to have the right to marry.”
My cousin told me that the event last night signified a hope for a better day. “I’ll tell you, after Prop 8 passed, there were days when we thought about moving to Canada,” he said. “But you stay here and fight, and today, with the ruling, was so inspiring, and hopeful, and it makes you want to finish the job.”
That’s what everyone at the rally kept saying: Great day, great day. Not a triumph, but one day closer to that eventuality.





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Yesterday was (to paraphrase Mrs. O) was one of the few days in recent history when I was proud to be an American.
If Olson is as pro equal rights as he sounded in the video, (and after Bush vs Gore, I have my doubts), then it is refreshing to know that not all wingers have abandoned American values for political expediency.
It is always great to have such positive news such as this ruling.
Do you, or anyone, know if Boies and Olson plan to present the arguments all the way to the Supreme Court? They obviously can, since they’ve argued before the Court before. I am just wondering if that’s the plan because it would help the case if they did, obviously.
I am longtime friends with a gay male couple living in D. C. who married several months ago after same-sex marriage became legal there, and I am also longtime friends with another gay male couple in San Francisco who adopted a baby girl (they were present for the delivery) who is now about 5 or 6 years old. I wonder if they’ll marry if the Prop 8 repeal “sticks”? They didn’t marry during that small window of time when it was legal in CA, but if it becomes a permanent ruling, they may.
OT:
End of Net Neutrality
Google – Do no Evil (unless its profitable)
http://www.huffingtonpost.com/josh-silver/google-verizon-deal-the-e_b_671617.html
Not a clue but their passion seems to indicate that they would like to pursue it as long as it takes. Aren’t both of them volunteers?
For people who haven’t had time to read the entire decision yet, here’s a cliff notes version of some of the other finding Walker offered:
* “Sexual orientation is commonly discussed as a characteristic of the individual. Sexual orientation is fundamental to a person’s identity and is a distinguishing characteristic that defines gays and lesbians as a discrete group. Proponents’ assertion that sexual orientation cannot be defined is contrary to the weight of the evidence.”
* “Individuals do not generally choose their sexual orientation. No credible evidence supports a finding that an individual may, through conscious decision, therapeutic intervention or any other method, change his or her sexual orientation.”
* “Same-sex couples are identical to opposite-sex couples in the characteristics relevant to the ability to form successful marital unions. Like opposite-sex couples, same-sex couples have happy, satisfying relationships and form deep emotional bonds and strong commitments to their partners. Standardized measures of relationship satisfaction, relationship adjustment and love do not differ depending on whether a couple is same-sex or opposite-sex.”
* “Marrying a person of the opposite sex is an unrealistic option for gay and lesbian individuals.”
* “Same-sex couples receive the same tangible and intangible benefits from marriage that opposite-sex couples receive.”
* “The availability of domestic partnership does not provide gays and lesbians with a status equivalent to marriage because the cultural meaning of marriage and its associated benefits are intentionally withheld from same-sex couples in domestic partnerships.”
* “Permitting same-sex couples to marry will not affect the number of opposite-sex couples who marry, divorce, cohabit, have children outside of marriage or otherwise affect the stability of opposite-sex marriages.”
Now, we also know that you can lead a horse to water, but…and many will stubbornly cling to their caveman thinking, but it’s so gratifying that this is Out There!
Thanks Deb. :)
I *think* that’s their plan is to pursue it to the Supreme Ct, and I believe they said something to that effect last evening on RM. I’m not sure how “pro” civil rights Olson is, but he has his reasons for taking the case – no doubt some of it is for the fame and noteriety it will bring him. Plus if the Supremes ratify the decision to repeal Prop 8 based on their legal work: cha-ching!! They may be doing this pro bono (not sure), but it will reap rewards for both in the long run.
I don’t know for sure, but I would guess they’ll be following the case all the way.
I share Margaret’s skepticism about Olsen, but am willing to overlook his sins until this case is over.
Did you see this quote:
A White House official emailed reporters, “The President has spoken out in opposition to Proposition 8 because it is divisive and discriminatory. He will continue to promote equality for LGBT Americans.”
I know you want more and you want it now, but, I hope you take some heart in the fact that the dialogue is at least and at last starting.
Vaughn Walker did the plaintiffs proud by finding in fact so extensively. Here’s another Republican who seems intensely supportive of equality for all. When are these people going to jettison the wingers and teabaggers and bring sanity back to their party? Who and where is the next William F Buckley Jr who will come along and shame the rest of the party into dumping the modern day John Birchers? And wtf is keeping him/her? The Democratic party will be just as right wing as it likes until they have to move left due to pressure from their right moving back toward a center. Obviously pressure from the left doesn’t work. I believe that the Republicans moving toward the center will force Democrats to move left just to differentiate themselves.
Good Morning David and Firedogs
gots me a justice and equality hangover this morning – stayed up far too late in to the night reading all the reax, the ruling itself, and observing the joy. okay, I also went over to some hater sites to spread a little, uh, cheer.
Ms Margaret – Olson’s involvement underscores Maddow’s point for me – we’re still a nation of laws, not personalities, ideologies, or opinion.
yeah, they said that they always expected it to go to the SCOTUS but carefully refrained from promises to be the litigators.
Thank you. Very helpful.
I’ve never understood the argument that if gays have the right to marry it will somehow in some way deleteriously impact straight marriage. That always sounded like the excuse of someone who was gay but desparately trying to force him/herself to be in a hetero marriage.
I have known gays/bisexuals who got married to an opposite-sex partner. In my experience, every one of them ended up “fooling around” with same-sex partners… sometimes with the acceptance & knowledge of the spouse, but usually not.
Forcing gays to not marry just results in more lying, heartache and deception for all concerned: heteros and gays.
As with abortion, I always say: if you are opposed to gay marriage, that’s fine. Then just don’t marry someone of the same sex. It seems pretty simple to me.
Good for you. And how were you received?
“BHO will continue to promote equality for LGBT Americans…”
Thanks for the quote, but what is BHO continuing to do??? I haven’t seen much, if any, real support ever emanating from BHO for LGBT’s. Seems like the POTUS is, once again, jumping on board now that someone else has done the heavy lifting. Meh.
a few offered to pray for me, but I don’t think Mr Jeebus will be too pleased with most of their responses :D
I’m usually a gracious winner, but their hate and ignorance has directly hurt some of those I love, so I indulged
I’ve known some of those kind of couples too. One, resulted in both the husband wife dying from aids, the other couple, the man waited until their kids were grown to divorce the wife and move in with the boyfriend he’d been supporting a along. A law that encourages a life of lies is despicable.
It’s a fire to hold his feet to.
Thanks.
Equally impressive was the total lack of proponents’ case. You & I followed the live blog pretty closely, and, as you’ll remember, I was dumbfounded at the proponents’ miserable performance. I can’t imagine that SCOTUS could find a reason for overturning Walker, but then the Robert’s court doesn’t need a reason.
I love your kind of brat.
Rachel Maddow devoted the fist half of her show to this last night. Olsen and Boies were on, but the highlight was her reading excerpts from Judge walker’s ruing. Delightful. Reminds me of the infamous Dover School Board case involving Intelligent Design, where the judge said that their argument was of “breathtaking inanity”. It’s always fun when they get into court and have to present credible evidence and can’t lie.
Yes, and in that regard, I agree. Just saying… what’s BHO done? Not much, if anything at all. Annoying. But sure: keep trying to hold his feet to the fire.
Yes, we did. I’ve always feared that any decision would be struck down because of incompetent defense. Shhhhh. Don’t tell them I said that.
This is such a happy day and am looking forward to the decisions ahead. I think SCOTUS is going to be boxed in with this one. I also hope that members of the LGBT community will be alert and careful. We have lots of nuts out there.
Exactly. In some cases, such marriages can end in amicable divorces. Often the gay spouse really does love the straight partner emotionally but cannot be “there” sexually. In those cases, the damage to the hetero spouse and kids is less. But that’s only in some of the “luckier” situations and requires that the hetero spouse can be very understanding and open minded (not easy).
Much better for gay couples to have the option of marrying same-sex partners and having their own families. The other way just doesn’t work out that well.
The “christian solution” (as espoused by my fundie family anyway) of the gay person never ever having sex ever ever and leading a solitary life is draconian nonsensical b.s. that they don’t impose on themselves but expect “others” to do just because. It’s really crap, but my sister will still be “upset” with this decision even though one of her daughters is a lesbian and has been in a committed relationship for years. My sister is adamant that they shouldn’t get married, although I give them encouragement to marry at every opportunity. A shame, really. So stupid.
Good point, LOL!
I was thinking the same thing. I hope Boies and Olson have protection.
ah, but the good judge gave them ample opportunity to back out and re-do on several points (thank you masterful live bloggers – mwaaah!)it was clear to lay people like me what he was doing
It’s difficult enough dealing with the ideals of this issue, but it must be very difficult for you to have to watch a niece you love be treated this way by her mother. But, really, it’s not until we have to deal with injustice in a personal way that we get the fire to fight back. I think.
Yeah. I had a good feeling about what the outcome might be from very early on. How come you and I saw it and their lawyers didn’t?
For awhile I was acquainted with Susan Love & Helen Cooksey who won the legal case for the non-birth mother of a lesbian couple (Helen) to adopt their daughter. (Lost touch with them.) Katie is some smart cookie & seemed very well adjusted, considering her moms are pioneers, but then her moms are scarey bright & well put together.
My sister takes the path of least resistance which is kinda-sorta reluctant acceptance of her daughter’s partner (who everyone in the family really likes; she’s a wonderful person). The family mostly just doesn’t talk about it.
I had to laugh, though, bc at a recent family funeral with loads of extended relations attending – all very very fundie uptight people – everyone was asking about the woman my niece was with. My niece’s sister took great pleasure in telling every one of them that her sister is a lesbain, and the other woman is her partner. I had a chuckle over that myself. I think the rels got a big shock, but seriously: get over it.
It’s life and no amount of prayers to Jeebus are gonna make one whit of difference. Plus I doubt that Jeebus cares. Sheesh.
Oh gosh. I just realized I’ve been sitting here for 3 hours straight. I better get up and do something before my butt gets numb.
Keep the faith.
email coming your way Deb
Fantastic! Thank you, Boies and Olson.
David
must have been an incredible experience to be there with your family – bmaz summed it all up quite nicely – ‘it was seminal and we won’ – ha cha !
I happened to be lucky enough to be the one to give a gay friend the news – (he and his partner have been together for 32+ years) in between tears and more hugging and dancing, I would cite some of the Judge’s beautifully tight prose – what an incredible moment to witness. as much as equality and justice matter to me and other het’s, Judge Walker essentially told this couple they are l-e-g-i-t-i-m-a-t-e, their commitment is v-a-l-i-d and I am tearing up again just remembering what that meant shine across my friend’s face.
Congratulations to these two great lawyers, Ted Olson and David Boies. A fine result.
For years I have posted my resolution of this issue: States should grant only civil unions; marriage to be a religious or private matter. But, as decided here, whenever states act they must treat their citizens equally.
A facetious point. Someone suggested that, to save time and money on appeals, we should just call up Justice Kennedy and ask how he’ll vote.
homer http://www.altara.blogspot.com
It is indeed a wonderful Pyrrhic Victory.
The winners? The divorce lawyers.
Marriage should be abolished for all.