by John Zangas
On March 26, oral arguments were presented to the U.S. Supreme Court in Hollingworth v. Perry, a case to reinstate Proposition 8, California’s ballot initiative declaring same-sex marriage unconstitutional.
A frigid day started at 5:30 a.m. with a cold group of sleepovers rising off the sidewalk. As the sun warmed them and more supporters arrived, they roared to life with a vibrant energy. Overwhelmingly for marriage equality, the crowd overpowered several small religious groups speaking against it. Anti-marriage equality folks created a tense situation with signs and slogans, but a colorful youth named Qween danced right in front of them with a pink cross. She joyfully galvanized everyone with dance and turned tension and hate into laughter and smiles. She certainly is a young hero.
I interviewed Qween last night, and she seemed hopeful that change would come. I also interviewed a young attorney; the Lambda legal team of Jon Davidson and Jennifer Pizer; a gay couple who had been together 26 years; and a boy named Leo Crampton whose mothers are to be wed today. I also interviewed a person who believes that marriage is between a man and woman only. They were all very positive and hopeful interviews.
In my view, I believe Justice Kennedy’s line of questioning regarding the impact of Prop 8 on children of same-sex parents is important to this case. How can one justify the negative effects that Prop 8 and DOMA have on these children?
It is impossible to say how the Court will rule. They may find that Prop 8’s defenders have no standing and discard it. Or they could rule on the pivotal issue of marriage equality directly.
The oral arguments of Hollingsworth v. Perry were insulated from the opinions expressed so passionately outside. But based on the sentiments I recorded on the Court’s steps, the time has come for the Justices to rule on this issue directly. This is a historic moment for this court, which probably wants to have its signature on the right side. A ruling for marriage equality will probably prove to be inevitable in light of the support of the President and changes in the U.S. military.
I’ll continue covering the people and stories outside the court as arguments on the Defense of Marriage Act (DOMA) go forward tomorrow.