And now, they must decide. Is Prop H8 a valid constitutional amendment? Is it an improper attempt to revise the constitution? Are the 18,000 marriages performed last year still valid regardless of the decision on H8? Is there a “third way” to uphold H8 and the May decision by doing away with civil marriage?
In some ways, I have more questions now than I had before the oral arguments. Can the judges reach a conclusion that any temporary electoral majority can strip a protected minority group of fundamental rights? At what point does a Constitutional right become “inalienable”? And whatever happened to separation of powers?
Please don’t make me predict the final outcome of the lawsuit. I saw some clues today as to where some judges are leaning. But as of today, I couldn’t tell if either side had a firm majority.
So for now, we must wait. We must wait for the court’s ruling. Now this doesn’t mean that we can’t take action to start preparing for 2010. We just shouldn’t start celebrating victory tonight OR start thinking of how to emerge from defeat.
I’m sure we’ll soon settle this crisis and make marriage equality the law of the land. But how soon? Well, that’s for the court to decide for now.