A silver lining?

[bovil]

No, not the wait for mail-in ballots to be counted in the Prop 8 vote. If all the numbers are true (3,000,000 outstanding mail-in ballots, a 400,000 ballot deficit) we need a 15 point advantage against in the mail-in ballots. That's pretty unlikely. Of course, once we get a report from the Secretary of State on outstanding ballots (currently the report is blank) we'll find out if any of this is even possible, much less likely. I don't expect that for days; they just got their website back up and functioning fully.

The silver lining is the ACLU's suit that the amendment initiative exceeds the boundaries of an amendment, and instead is a "revision" to the constitution. Seeing that suit win would warm the cockles of my heart. Why?

Well, "Yes on 8" burned up $40million that could have been spent by evangelicals and Mormons on other races. That's nationally significant dollars. That's more than Republican campaigns went into debt this race. Sure, "No on 8" burned up money that could have been used in other progressive campaigns, but thanks to Obama's charm and fundraising skills it wasn't needed. I would love to see all that money wasted on an initiative that was struck down.

That's not what's going to make me dance a happy dance if the courts do strike the initiative down, though. What will make me dance a happy dance is that, if the courts strike down Prop 8 on the grounds that it's a "revision" rather than an "amendment" that pretty much kills any chances future initiatives on the subject have. It raises the bar to a level that other states haven't been able to defeat, and well above the current 52% that Prop 8 could muster.

Will it happen?

I'm not going to set myself up for disappointment. That said, the courts have struck down initiatives on just these grounds; there is legal precedent.

Comments

[dsmoen.livejournal.com]

I cannot imagine being in your and your husband's shoes.

I'm starting on a suggested list of items for straight sympathizers to do, which I'll post after the count has been certified.

One of the coolest things was going to SF last night and hearing Gavin Newsom speak.

[rinolj.livejournal.com]

...which motivated me, this past night, to finally compose the fan-letter I've been meaning to send him for years. Text:

Dear Mr. Newsom:

Even though we’re all sitting and expecting to hear bad news about Prop. 8, there was one glorious moment, some years back, for which I wanted to thank you: It was Friday, Feburary 14, 2004, when I drove and walked over to Van Ness, to see the couples lined up down the block, waiting for their marriage licenses.

And it was irresistible. I was nothing like these people – a suburban, middle-aged white guy in a “traditional”, heterosexual, monogamous marriage – but the joy, the rightness of the moment, the real sense of achievement and progress, were palpable. So, I did what anyone with common sense would do: I applauded, and walked around giving my best wishes.

I’m sure many other people’s work also went into that moment, but you were the one who set that into motion, who said “No, we’re going to make this happen. Not in ten years, today.” Judge Kramer, the California Supreme Court, and everyone else reacted to what you did. And it is not forgotten.

Rarely do we get the chance to do something that truly makes a difference. You did. That’s a rare and valuable thing. The setbacks of the moment will pass; what you did was one for the record-books. The history books, actually: With one bold action, you pole-vaulted straight into the ranks of the good guys.

Needless to say, you will always be welcome at my family’s table, and, when marriage is made right, my wife and I will drink a toast to your honor.


Very Best Regards,