As the sun sets on November 2008, a look back on the action of the last 30 days provides great insight into the capabilities of the LGBT community and the future that lies ahead.
The onset of the month began with a final push against Prop 8 on Election Day. The final fight against the lies told by the prop’s proponents were not successful in its bid to convince a mere margin of 4.5% of the California electorate to support equality. Election Day brought on LGBT losses throughout the country with gay marriage bans taking wins in California, Florida & Arizona, with a final loss in Arkansas against gay adoption.
The backlash against these defeats resulted in the rapid mobilization of Californians and Americans, gay and straight, as though natural instincts of fight or flight took shape. Tens of thousands of people hit the streets of small cities and urban meccas alike, weekend after weekend. Within ten days of the election, a nationwide protest was planned and executed. Media coverage blasted images of thousands of Californians and Americans hitting the streets utilizing traditional free speech methods of protest. Proud moments erupted with the success of such strategies and continued efforts to place equality issues in the minds of Americans are taking form.
The swift grassroots street action intermixed with even faster legal action in California courts resulted in California’s Supreme Court acceptance to hear cases against Prop 8. One argument being made concludes that the proposition is a revision to the core values of the Constitution rather than an amendment. The other argument being made by minority rights groups (NAACP, and more) suggest that Prop 8 sets precedent for future amendments that could strip other “suspect classes” of civil rights through a simple majority. The victory of having the case heard quickly by the Supreme Court is a vivid statement that the Supreme Court validates the vital importance of this issue and understands the need for a fast resolution.

In line with this court win is the massive victory won by the LGBT community in the state of Florida on the Tuesday prior to Thanksgiving. Though press coverage lacked the height that Prop 8 received, the lower Florida court decision approving gay adoption in the state sets further precedent for gay equality in the eyes of the law. Florida was the only state in the nation to have a full ban on all gay adoptions. Other states currently have variations of the law, but Florida’s was considered the most extreme. The ACLU argued the case on the behalf of a gay couple wanting to adopt their foster children. Florida Judge Cindy Lederman stated that the adoption ban violated equal protection laws of both the children and their prospective parents, and that:
There is no rational basis to prohibit gay parents from adopting…It is clear that sexual orientation is not a predictor of a person’s ability to parent. A child in need of love, safety and stability does not first consider the sexual orientation of his parent. The exclusion causes some children to be deprived of a permanent placement with a family that is best suited to their needs.
The use of the equal protection laws in this case adds to the same principle used by California judges in May 2008 in their pro-gay marriage ruling. The exciting part about this Florida ruling is that Judge Lederman specifically stated that the equal protection laws of the children were being violated, in addition to the parents. It is recognized that gay discrimination laws affect both adults & children, despite their sexual orientation. Such an idea could be utilized in gay marriage equality cases, as well. As more and more gay equal rights issues hit state courts and judges continue to use the equal protection clause, the chipping away at gay-biased laws will get stronger and stronger. Ultimately, the federal Supreme Court will be able to take such principles set by these state rulings and use that in their ruling…hopefully in favor of equality.
The state attorney’s office plans to appeal the lower court’s decision and the likelihood the case will hit the Florida Surpeme Court is high. Opponents to gay adoption stated outrage at the decision calling the judge an “activist judge,” which tends to be the homophobic “go-to” for successful equality rulings. How considering a judge using set law in their ruling to be “activist” is beyond me!

The month comes to an end on the 30th anniversary of the murders of San Francisco Supervisor Harvey Milk and Mayor Moscone. Harvey Milk is credited with fueling the strength of the Gay Liberation Movement of the 1970s and providing leadership to the cause. An out and active gay man, Milk actively worked against 1978’s Prop 6, which would ban the LGBT community from teaching in schools. This prop was shot down. Many comparisons are being drawn between the Prop 6 battle in ‘78 and the Prop 8 battle only thirty years later.
Gus Van Sant’sfilm, “MILK,” hits theaters nationwide the first week in December. The film depicts Harvey Milk’s story and stars Sean Penn. Some believe the release of this film will help inspire a new, young generation of active gay citizens who can work to further equality issues. With the national launch approaching in the height of the holiday movie season, calls are being made to boycott the viewing of “MILK” at Cinemark Theatres, because its CEO, Alan Stark, donated $9,999 to Yes on Prop 8.
If possible, avoid viewings of “MILK” at Cinemark Theaters. Although the company does not have an official stance on Prop 8, with the CEO showing such avid support for gay inequality, it does not make sense to see a film advocating civil rights in such an environment.
November 2008 turned out to be a gay rollercoaster with more ups and downs than Mariah Carey’s album sales. It has proven to be a month where the GLBT community, and its allies, showed their faces and their pride. Shuttered by terrible loses at the polls, the community and allies have united for a new dawn of action. The release of “MILK” will undoubtedly increase the wave of action for equality.
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This week past has been a roller coaster ride socially, politically and emotionally. Excitement for America’s new direction. Personal grief with the cruelty Californians (and Utah) displayed at the polls in voting against same sex marriage. Quickly picking up the pieces after the defeat and rebuilding. The week finished with a great feeling of exhilaration, liveliness, empowerment and hope. After Wednesday’s march through San Francisco, I felt revived and energized. It was as though the Prop 8 fall threw everything back into prospective and the only option left was to continue fighting for what is right. Thursday and Friday left me feeling more alive than I’ve felt in a long time. Rejuvenated and ready, I looked upon the new challenges that face us. The thrill of change that we, the People of the United States of America and California, are about to embark upon. We have the power and the motivation to change the world before us for the better; educate those who know not what they fear, but fear redefining the modern world. Our time is now and seizing it is the empowerment that has brought new hopes, new aspirations and a new strength to myself and thousands of San Franciscans who hit the streets of the city Friday night to demonstrate against the passage of Proposition 8, hereby known as H8!
Reading online commentary on the demonstrations that are being held up and down the state of California and in Utah, I’ve seen H8r’s make comments that these demonstrations are a simple display of poor losers. Other H8r’s said that the people have overwhelmingly spoken and to let it go. With 70% of African Americans voting in favor of Prop H8, another H8r said that these demonstrations cannot be compared to the Civil Rights Movement and racial equality. The marches taking place in California are not a display of poor losers, but rallies to show that the minority will not sit back and watch the tyranny of the majority unfairly rule.



