In civil rights, progress is slow. It's two steps backward, one step forward. Three steps forward, one step backward.
Tuesday was a step forward. Though the US Supreme Court acted somewhat passively -- refusing to take on the case of a DC bishop who wanted to give DC voters the right to overturn same-sex marriage -- it is starting to wear a path toward where many of us feel it will eventually go: active, legal acceptance of the equal protection of the law for gay couples seeking to marry. But for now, passive dismissals of foes is just fine.
In regards to the Ninth Circuit Court of Appeals January 4th, 2001 request to the CA Supreme Court on whether Prop 8 proponents could have standing in lieu of the Governor and Attorney General's refusal to challenge the unconstitutional ruling, I remain as optimistic as Kate Kendall, Executive Director of the National Center for Lesbian Rights:
“We are confident the California Supreme Court will act quickly to resolve this question and to hasten the day when California once again treats all families with equal dignity and respect.”
and NCLR's Legal Director, Shannon Minter:
"I am confident the California Supreme Court will hold that California law does not give initiative proponents any special power to override the decisions of the state’s elected representatives."
Source: Prop 8 TrialTracker.com
It seems a stretch for state law, and an even greater stretch for federal law, to give standing to citizens just because they disagree with federal judges' rulings.
It's really refreshing to see the foes of marriage equality face an uphill battle to get heard in the federal courts and prove that they have standing. Forced to make rational arguments that stem from anything other than an irrational fear of change or stereotypes, I think they are doomed to fail.
I don't think our country or the U.S. Supreme Court is ready to rule on the constitutionality of this issue; we need more states to allow same-sex marriage. For now, I'm content that opponents of equality are turned away because they just don't have the legal standing to complain about things they fear.
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