I haven’t written about the legalization of gay marriage in New York. It is a big deal, obviously, but it didn’t have any sort of direct impact on me or anyone I know. Unlike Prop 8, which went down while I lived in California and which went on for a very long time, the decision in New York was quick and not where I lived.
But it doesn’t just matter in New York. It matters everywhere — even in South Carolina.
Today in The State newspaper, South Carolina’s big paper, there was a marriage announcement for two men who met in South Carolina and married in New York. On top of that, it’s an interracial gay couple. As a friend on Facebook said, he’s sure the Baptist churches are blowing up The State’s phone lines.
The couple met in Columbia, S.C., in February 1984. Gregory and William were both commissioned officers in the U.S. Army. Best men for the wedding were the couple’s two sons, Dudley Smith Hasty and Baker Smith Hasty.
They have been together since before I was born. Over 27 years together, 2 children, one working and one a homemaker, both veterans and unable to marry until this summer. And still in a marriage that can’t be recognized federally or in the state that this announcement was made and where they met.
Anyway, congratulations to the Smith Hasty family and thank you for making SC a little bit more interesting and broadminded today!
This will be brief because I’m on my lunch break, but today in California they are deciding whether Judge Walker’s decision on Prop 8 should be thrown out because he’s gay and therefore can’t be a judge on gay rights as well as determining whether the tapes of the trial should be locked up from view or allowed to be released.
The gay rights crowd is arguing that of course you don’t throw out a decision because a judge has human traits — wouldn’t a straight man be biased for straight people? It would never end. They are also arguing that there is no possible harm in releasing the tapes and keeping them under lock and key is absurd and retarded. They probably won’t say it precisely like that.
The anti-gays crowd, who KNEW THAT WALKER WAS GAY BEFORE THE TRIAL AND NEVER ASKED HIM TO RECUSE HIMSELF, are arguing that the gays can’t make legal decisions if they’re in a relationship and releasing the tapes would make
their side look like complete idiots the proponent’s witnesses uncomfortable.
I’ll write a shorthand version of whatever happens today later this evening.
I'm so late on all of this, but I'm going to talk about it anyway.
1. The stay will not be lifted on performing gay marriages in California. It's been so long since the argument before the ninth, that one might easily have forgotten that we were a hairsbreadth away from allowing gay marriages in California again, which would have been just as well, as there will be no marriages until the case is decided. And probably no marriages until it's gone through the full judicial process, which may be years from now. Justice is by no means swift in this country.
This is not a surprise, though. I would have been shocked if the courts had decided to let marriages go ahead. Despite the fact that there is no harm caused by allowing gay marriage, to admit so would be to tip their hand and to call into question their judicial ruling, so the Ninth can't really get away with supporting a lift of the stay.
2. In super awesome OMG yes news! As you may know, mutli-national gay couples who are married and have their marriages recognized elsewhere, cannot have their marriages recognized in the US thanks to DOMA. This means that people can be married but deported, very much unlike the way heterosexual married couples are treated. Deportations have been halted thanks to the questions about the legality of DOMA.
Confirmation that this policy is now in place nationally is cause for celebration. In many ways this is vindication of a two-decade long struggle by thousands of binational couples, advocates and attorneys. But the fight is not over yet. Many couples, after consulting with experienced immigration attorneys, may decide that this is the proper time to file a green card case. However, DOMA is still the final obstacle for attaining a green card; unless it is repealed or struck down, filing any case with immigration is not without risk. – Lavi Soloway