The Battle Over Gay Marriage in California

So it all comes down to this.  In California, a three-way race against the clock is underway.

On one side, anti-gay groups are gathering signatures for not one but two ballot measures, trying to place them on the November ballot.  They have until April 21st to gather 1.1 million valid signatures each to put these mean-spirited measures on the ballot, and one of the two groups claimed on April 1st to have 881,000 signatures so far.

On the second side, the group Equality for All is working feverishly to counter the paid signature gathering efforts by educating voters about the negative effects these amendments would have on gay and lesbian families.

And the wild card here is the California Supreme Court.  The Court finally held hearings on the gay marriage issue on March 4th, four years after Mayor Gavin Newsom opened the floodgates by allowing the city to recognize gay marriage.  The court has promised to rule on the issue within 90 days, and here's where it gets sticky.

In the best-case scenario, the propositions fail to make the ballot, and the Court recognizes the equality arguments made before it and legalizes gay marriage in California with the stroke of a pen.

In the worst case, the Court agrees with gay marriage opponents and affirms Propositon 22, followed by voter approval of one of the anti gay marriage amendments, setting the whole issue back years or decades in the state.

But it could also come out somewhere in the middle, depending on when the Court rules.  If their ruling comes before April 21st, a positive ruling could spur on signature gatheres and bring more money into the drive, and ensure the measure gets on the ballot for November.  If it's negative, it could take the air out of the sales and make the propositions appear unneeded.

On the other hand, if the Court rules after the 21st, the petition issue would already be decided.

What would be really tricky is if the Court says yes, and the voters then say no.

Imagine this - in early May, the Supreme Court issues a decision saying gay and lesbian couples have the right to marry in California.  Immediately, hundreds or thousands of couples flood county offices requesting marriage licenses and tie the knot, some in hurried civil ceremonies and some in dream weddings with all of their families and friends.

For six months, they share full marriage equality with straight couples in California, and have all the rights and responsibilities of marriage under state law.

Then in November, voters approve one of these propositions, which strips them of all of those rights (and in one case, removes all domestic partner protections and rights we've had for the last 5-10 years as well).

It was bad enough when 4,000+ couples (including Mark and I) were stripped of our marriage license from San Francisco - which never had the force of law.

But the damage caused by stripping actual, state-granted rights from our community would make that loss pale by comparison.

We continue to be optimistic that the Supreme Court will stand by our community, and that the petition gatherers will fail.  But it's going to be an interesting year, any way things go.

If you want to get involved in the fight, go to the Equality for All website - you can volunteer, or donate money to help defeat these mean-spirited measures that threaten LGBT rights in the Golden State.

--Scott