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Reaction to the California Supreme Court Decision
http://www.gbmnews.com/articles/4316/1/Reaction-to-the-California-Supreme-Court-Decision/Page1.html
Paul Henderson
 
By Paul Henderson
Published on 05/27/2009
 
By Paul Henderson
Chief of Administration
San Francisco District Attorney's Office

Today, the California Supreme Court will ruled on the Marriage Act. The California Minority Counsel heard me speak on the subject and asked me to write this essay to be published in their newsletter during Pride Month. I'm particularly proud to be able to take a stand like this on issues important to the civil rights community in my role as a prosecutor and officer in a governmental agency. It's for reasons like this that we have to work harder to ensure that people sensitive to the needs of minorities remain, and are allowed into positions of leadership. Anyway, in case you are interested in the topic, here are my insights.

 
Through the leadership of San Francisco District Attorney Kamala Harris, our office is firmly committed to celebrating diversity and pursuing equality protection under the law for all people. To that end, we congratulate the people of Iowa , Vermont , and Maine in their realization of marriage equality for all. Whether by court order in interpreting the Iowa state constitution, a powerful and unanimous legislative enactment overriding the Vermont governor’s veto, or, for the first time in United States history, by a legislative enactment that received the governor’s signature and approval, these states have brought our nation closer to its promise of equality for all. For these achievements, we owe deep gratitude to determined and unrelenting civil rights advocates, as well as the every day families headed by same sex couples who have struggled against discrimination so that their children could inherit a fairer and more just world.

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By Paul Henderson
Chief of Administration
San Francisco District Attorney's Office

Today, the California Supreme Court will ruled on the Marriage Act. The California Minority Counsel heard me speak on the subject and asked me to write this essay to be published in their newsletter during Pride Month. I'm particularly proud to be able to take a stand like this on issues important to the civil rights community in my role as a prosecutor and officer in a governmental agency. It's for reasons like this that we have to work harder to ensure that people sensitive to the needs of minorities remain, and are allowed into positions of leadership. Anyway, in case you are interested in the topic, here are my insights.


 
Through the leadership of San Francisco District Attorney Kamala Harris, our office is firmly committed to celebrating diversity and pursuing equality protection under the law for all people. To that end, we congratulate the people of Iowa , Vermont , and Maine in their realization of marriage equality for all. Whether by court order in interpreting the Iowa state constitution, a powerful and unanimous legislative enactment overriding the Vermont governor’s veto, or, for the first time in United States history, by a legislative enactment that received the governor’s signature and approval, these states have brought our nation closer to its promise of equality for all. For these achievements, we owe deep gratitude to determined and unrelenting civil rights advocates, as well as the every day families headed by same sex couples who have struggled against discrimination so that their children could inherit a fairer and more just world.

Elsewhere in New England , the Heartland, and our nation’s Capitol, progress continues on other fronts. New Hampshire has made significant gains on marriage equality, the District of Columbia has bravely positioned itself to accept same sex marriages performed elsewhere, and our Congress recently passed a comprehensive hate crimes bill that protects crime victims who are members of the lesbian, gay, bisexual, and transgender communities. Our President and the Congress will soon take up workplace non-discrimination protections, the Defense of Marriage Act, and the military’s exclusionary policy, “Don’t Ask, Don’t Tell”. The last few months have reinvigorated the promise of equality and prosperity that makes our nation so great.

Of course, the bittersweet reality for Californians is that while we watch and celebrate victories in our sister states, we must do so under the dark cloud of inequality cast upon our state’s constitution last November. Proposition 8 did more than merely restrict marriage in California to opposite sex couples. For the first time in the history of our nation, a fundamental civil right was stripped out of a constitution, singling out a minority for second-class status. The implications created by a simple majority’s ability to eradicate fundamental rights from unpopular minorities are grave and disturbing. We thank our many allies, civil rights, labor, religious, and civic groups, who wrote amicus briefs advocating for the invalidation of Proposition 8 due to these implications. Meanwhile, 18,000 couples are faced with uncertainty about the validity of their marriages, and hundreds of thousands of lesbian, gay, bisexual, and transgender individuals within and outside California are still trying to recover from the painful injustice inflicted upon them.

But, no matter the immediate outcome, there is light shed; a light that shines rays of healing over our state’s divides, and gives hope that the forces of intolerance and discrimination will be relegated to a footnote in the history of our struggle for equality. Every indicator suggests that the struggle for marriage equality, as well as other civil rights issues affecting the lesbian, gay, bisexual, and transgender communities, like other past civil rights struggles, will be won. Dr. Martin Luther King, Jr. once said, “The arc of the moral universe is long but it bends toward justice.” This is the takeaway message. Progress is not made overnight, it takes time, and it must be won. Twenty years ago, few people could have imagined marriage equality as a reality anywhere – let’s not forget that anti-sodomy laws were still in many states’ criminal codes until 2003. But today, five states have made the fundamental right to marry a reality. Over the next several months and few short years, we may see marriage equality achieved in New York , New Jersey , New Hampshire and many other states; and hopefully we will see its return to California . The next generation is already poised to inherit a better world than its predecessors experienced. We firmly stand in solidarity with this movement for hope and equality, recognizing that justice is best served when every citizen is afforded the full protection of our laws. We wish you all the best as we join together to celebrate Gay and Lesbian Pride Month.

Thank You