The classic fairy tale is a story of two lovers who cannot be together. However, in those stories, the rainbow appears in front of the couple at the happy ending, not on the signs they hold in their fight to be together.
The continuing battle to overturn Proposition 8, which banned same-sex marriage in California, is the civil rights movement of our generation. Our generation recognizes same-sex marriage as an equality issue, not a moral one. For example, look at UCLA, whose exit polls showed that 83 percent of students supported Obama, and that Obama supporters were 8-to-1 more likely to vote no on Proposition 8. The ongoing protests and enthusiasm of new voters demonstrate that the upcoming generation is determined not to allow such an injustice to occur. I have no doubt that in our generation we will see same-sex marriage legalized throughout the country.
The elections are far gone, and now the political headlines are concerned with the potential cabinet position for Hillary Clinton or if Obama’s quest to find the hybrid hypoallergenic mutt is successful. We’re not seeing chicken farmers protesting Proposition 2, which changed the amount of space allotted for raised chickens. We’re not seeing energy companies or environmentalists up in arms over the two energy bills that were voted down. So why is Proposition 8 receiving so much attention?
Proposition 8 is more than just another item on the ballot. It’s a civil rights issue. Regardless of your moral standing on same-sex marriage, the underlying principle of Proposition 8 is equality. The right to love should not be denied to any human being regardless of whom it is you choose. A ban on same-sex marriage is defying the principle of equality by denying members of a minority group a legal expression of their love simply because of something about themselves they cannot change. That is discrimination.
The issue is felt so strongly that activism has emerged all around Los Angeles. Two days after the news came that Proposition 8 had been passed by 52.2 percent to 47.8 percent, thousands of protestors marched in West Hollywood. And on Nov. 7, gay rights activists, both straight and gay, protested at the Mormon temple because Mormons were a sponsor of many “Yes on Proposition 8″ ad campaigns. Then there was the rally on Hollywood Boulevard, which caused police to close off the street. Police cars were lined up end to end for two blocks from Sycamore to Highland. The protestors crowded the streets, holding signs saying “Love Will Prevail” and “Stop H8.” Last Friday night in Bruin Plaza, many UCLA students participated in largely nonviolent marches and protests.
This pattern should be ringing some bells for the government and judges watching. Passionate people are coming together to end hatred. They need only appeal to the basic human principle of equality to prove their point. This is clearly a civil rights issue. The only problem now is action. However, a turnover petition and appeals to City Hall and to the California Supreme Court are the next steps for getting the laws changed.
The decision may seem final because it was voted on in California, but issues regarding the basic constitutionality of the proposition will likely arise when Proposition 8 is taken to the California Supreme Court. The equal protection clause of the state constitution does not give voters the ability to change state laws with a proposition vote. Opponents of the proposition say that it is a “revision,” which, in legal terms, means it needs to be approved by not only the popular vote, but also two-thirds of the legislature. An amendment, on the other hand, would require only the popular vote to maintain its constitutionality.
In any case, it will be up to the newly elected judges to decide. However, as the vote stands, it is a slim majority of the popular vote that supports on Proposition 8. Many newly elected judges often tend to go with the will of the people, but with the margin so close, this may not affect the judges’ decisions.
Even if the “yes on 8″ vote did prevail in California, the close margin demonstrates that there is no clear-cut answer. For all we know, the extra 3 percent could have been from the confusion about whether “no” or “yes” on the ballot was pro-same-sex marriage. There is no overwhelming mandate for a ban on same-sex marriage. In fact, the relentless protests suggest an even larger mandate for change.
The question is not whether this generation will see same-sex marriage legalized; the question is when. The issue right now is general acceptance that it is inherently a civil rights issue. In a nation that boasts separation of church and state, it certainly seems like we’re letting our laws be dictated by the religious. The Civil Rights Movement was successful in demonstrating that minority groups would no longer be denied civil rights. Though it may take protest and a change of perspective, there is no doubt that light is visible at the end of the tunnel. Perhaps it won’t be a fairy tale ending, but I can bet that there will be rainbows.
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If you believe our generation will see same-sex marriage legalized, then e-mail Hollyfield at bhollyfield@media.ucla.edu. Send general comments to viewpoint@media.ucla.edu.