Court finds California's Proposition 8 unconstitutional... what this means.

Marriage equality supporters around the country are cheering the ruling from a federal appeals court today that found California's ban on same sex marriage unconstitutional, but maybe celebrating isn't the correct response. We must all remember that this is just one more step in the process of having our nation recognize same sex marriage and while this is an important step today's decision didn't really solve anything.

There are a few ways that this could play out. The supporters of Prop 8 could decide to stop their fight at this point. Why would they do this? Today's decision would only apply to the state of California, if they allow it to stand and don't file an appeal same sex marriage would become legal in California but no other state would be affected. If they think that the US Supreme Court is likely to uphold the appeals court's ruling they might believe it is in their best interest to cut their losses and not proceed any further. As a supporter of marriage equality though I think it is important to try and understand the feelings of the other side. The supporters of Prop 8 and marriage equality opponents in general shouldn't be classified as bigots or people who are against progress or homophobes as I really don't believe this is what drives them. I believe that most of the individuals who are opposed to gay marriage see it as a threat to the American family, a social structure that they believe has allowed the United States to become the great country it is today. Over the years they have seen many laws passed which they believe threaten the family by encouraging single women to have children, that have caused the divorce rate to increase, that have reduced parental control over the lives of their children. They are certain that the collapse of the family will lead to the collapse of America and so any recognition of yet another form of "family" isn't just a threat to traditional marriage, it is a threat to our nation in their eyes. They, as patriotic citizens of the United States, will fight this threat in every way that they can which means they aren't haters or bigots but instead they are the protectors of our country. At least as they see it. SO while it might make the most strategic sense for them to simply drop the case at this point I expect them to carry on with an appeal to the US Supreme Court as they believe their fight is too important to give up on.

So what happens if the case is appealed? First of the Supreme Court could simply decide to not hear the case and let the appeals court's ruling stand. This would ensure the legality of gay marriage in California but have little or no effect on any other state. They could also take the case but rule in a way that only affects California. Narrow rulings of this sort are not uncommon from the Supreme Court and could be possible in this case. Of course they could decide to hear the case and make a wider ruling on it. That ruling may not be as simple as the yes or no vote many believe it would be. Yes, the court could uphold or overturn the lower court's decision which would mean their ruling would apply nationwide. A ruling against Prop 8 could mean that same sex marriage would then have to be recognized in all 50 states. But don't get too excited over that possibility. I have almost no doubt that in this case many states that have state constitutions that have been amended to outlaw same sex marriage would then go to court and try to defend their bans on gay marriage by stating that their constitutional amendments were written in such a way as to not violate the US Constitution and so they shouldn't be affected by the Supreme Court's decision on Prop 8. The legal battles could continue for many, many years and might not end with the entire nation recognizing gay marriage. Furthermore there is the Defense of Marriage Act which currently prevents the federal government from recognizing same sex marriage. If gay marriage was made legal in all 50 states the Supreme Court's decision still wouldn't mandate that the federal government recognize it.

But lets ignore all of these problems for a moment and focus on what may be a bigger issue for marriage equality supporters. If the Supreme Court decides that Prop 8 is unconstitutional and rules in such a way as to have same sex marriage recognized in all 50 states I can promise you that there will be an immediate and strong push from the opponents of same sex marriage for an amendment to the US Constitution banning same sex marriage. If such an amendment was added to the Constitution it would mean that same sex marriages couldn't be recognized even in the states where they are legal today. It could invalidate all of the gay marriages that have already been performed. It would be the ultimate victory for those who are against same sex marriage and it would actually become more easily achievable if the Supreme Court validated gay marriage all across the United States. Suddenly finding their worst fear coming true nationwide would energize the foes of marriage equality like nothing else could and they have years of practice under their belts at organizing and rallying their forces. This is an outcome that those of us who support same sex marriage can't ignore and must prepare for.

So how do we prepare for this possible firestorm of litigation and constitutional hostage taking? We start now by paying extremely close attention to the upcoming elections. Not just the presidential election but all of the senate and house races on both the federal and state levels. A constitutional amendment is not a simple thing to put into place, it requires super majority support in the US House and Senate as well as ratification by 75% of the states. This means that to make sure it doesn't get enacted we must do everything that we can, legally, to make sure that we keep supporters of an amendment banning gay marriage out of office. As you are reading this I can promise you that opponents of same sex marriage are looking at the situation and realizing that they have to do everything they can to get as many supporters of such an amendment elected, and as much as I hate to say it they are better at winning elections than the marriage equality side is.

SO if you support marriage equality it is time for you to do something about it. Figure out right now how much time you can give to a candidate and start volunteering with the campaign of someone who doesn't support a constitutional amendment to outlaw same sex marriage. It doesn't matter if they are a democrat or republican (not all republicans are opposed to same sex marriage) it only matters that they support freedom and liberty for every last one of us. Also take the time to try and understand where the other side is coming from. It is easier for those of us who support marriage equality to demonize our opponents instead of trying to understand what it is that they are actually thinking. If we can carrying on a conversation with them instead of just trying to shout each other down we might be able to actually change a few minds. They may not be the minds of the individuals we are speaking with directly, but someone seeing a thoughtful discussion on the evening news might decide that their pre-conceived notions weren't true. We need every single bit of support we can get and the old adage remains true, you attract more files with honey.

So, to all of my friends who support marriage equality, celebrate today because we have had an important victory, but keep in mind that this war is just getting started and things are probably going to get tougher before they start getting better. We all have a lot of work to do to make this a country that lives up to the phrase in the constitution "all men are created equal" and it is up to us to do the work. SO get ready, get organized, and get to work, this is worth the effort.