Prop 8 Overturned, Sort Of

Your blogger’s inner cynicism rears its ugly head, I’m afraid.  I haven’t had time to read the decision or anything else, so I’m operating on what I know from the news, which is that a California District Court ruled Prop 8 unconstitutional on Due Process and Equal Protection grounds and that a stay has been issued, though it’s not a very long one and so it’ll expire before an appeal and another stay will have to be issued.

Assuming that’s correct, this is definitely something of a victory, but it doesn’t mean people can get married again, and it doesn’t mean that Prop 8 was really “overturned,” at least, in the sense I use the word.  I sort of feel like you can’t overturn something if the next guy can turn it right back.  But despite that, I’ll feel some cautious sense of victory, and eagerly anticipate the result of the appeals process.

About Avory

Avory Faucette is a queer feminist activist, writer, and public speaker. Zie graduated from the University of Iowa with a JD in 2009, focusing on international human rights and gender/sexuality issues in the law. Hir current work focuses on queer identity, policy, and marginalized identities under the queer umbrella. As a genderqueer person, zie comments frequently on non-binary identity, transgender and genderqueer issues, and media coverage of these populations. Zie also speaks at colleges, universities, and events on transgender and queer issues and conducts trainings on related topics.

Posted on August 5, 2010, in law & politics, same-sex marriage and tagged , , , , , . Bookmark the permalink. 2 Comments.

  1. So true. I mean, yeah, I celebrated with everyone else, but as my friend put it last night, you can’t stop fighting the war just because you’ve won a battle. And I feel like that’s what’s about to happy. The whole queer (and ally) community is going “YAY, CALIFORNIA!” and forgetting that appeals get turned in tomorrow, and that we’ve still got a whole lotta work to do before we call this a true victory. But people are so busy celebrating.
    Word is that it’s probably going to go to the Supreme Court….and from there, I don’t have a whole lot of confidence.

  2. I have think I’ll truly celebrate when marriage equality is a national standard.

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