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On Aug. 4, California judicial courts made a historical concerning the debate on same sex marriage. Chief Judge Vaughn R. Walker of the United States District Court for the Northern District of California overturned California’s Proposition 8 (or the California Marriage Protection Act) on the basis of unconstitutionality. “Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement,” according to the ruling. “Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8.” With Proposition 8 overturned, same sex marriages will now be able to be conducted in California legally. “California is able to issue marriage licenses to same-sex
couples, as it has already issued 18,000 marriage licenses to same-
sex couples and has not suffered any demonstrated harm as a result,” according to the ruling. With an appeal in process and due in December, the final decision will likely be made before the Supreme Court. “Currently, the Defense of Marriage Act bars recognition of same-sex marriage at the Federal level. The Supreme Court would overturn that if they uphold Vaughn Walker's ruling,” Meg Lanker, a senior in psychology and criminal justice, said. To Lanker, who has been a social activist for nearly 10 years, the judge’s decision to overturn was positive news. “I was ecstatic about the recent overturn,” she said. She sees definite parallels between the Civil Rights movement of the 60s and the Gay Rights movement the U.S. is displaying in our current age. “We have the majority attempting to strip rights from the minority,” Lanker said. “It was argued that marriage between races was unnatural, harmful to society and just wrong. That sounds ludicrous now.” With an appeal in the making and a potential Supreme Court decision within the next few years, implications might reach Wyoming courts as well. But the issue is not new to this state. In February 2009, the state legislature discussed the HJ 17 bill. “Ultimately, the measure failed on the house floor,” Lanker, who demonstrated against the passing of the bill, said. For others, the Walker’s overturn came with disappointment. “We commend the people of California for the passing of Proposition 8 and we are disappointed that it has been overturned,” David Fonda, President of the St. Andrew’s Lutheran Student Fellowship, said. The debate over marriage rights has sparked controversy over what marriage actually is. In Fonda’s view “ Marriage is, and should remain, what God designed it to be. To seek to change or alter the foundational concept of marriage--one man and one woman living together in love and faithfulness for life-- is an attempt to remake what God has given in our image.” Derik Buescher, Chi Alpha Campus Ministry Director, said that out of a religious perspective, homosexuality is nothing the Bible sanctioned, which can lead to mistreatment. “There are things scripturally that prove homosexuality is not right,” Buescher said. “The problem I see is when they say God gave them their homosexuality. I don’t think you can scripturally prove that.” “I don’t want to sound anti-homosexual,” he said and went on to say that he has many homosexual friends and that the GLBT community is welcome among Christians, albeit with varying degrees. However, Buescher said that “I think a lot of Christians would be OK with civil unions.” To others on campus, religious and legal issues combine. “I think that the judge overruling Prop 8 goes against your rights as an American to vote,” Dustin Kanada, a senior in mechanical engineering, said. In his opinion, it was the people who voted the judicial system into place and hence they should receive the ultimate say, he said. “What’s a piece of paper saying they’re married? Why can’t they just live the life they have been? I understand their want to be a recognized couple, but if the rest of the country doesn’t think they should receive that piece of paper, that’s when the legislative system comes in,” Kanada said. And yet, members of the GLBT community saw the decision as a victory. “I see it as a victory for sure,” Cody Mehrer, a sophomore in graphic design, said. While for media and debate platforms the issue can turn into a mere legal argument, to lesbians, gays and others, court decisions have emotional impacts. “It’s pretty disheartening that this issue can go to majority vote. Civil Rights should be more protected by the government and the constitution,” Mehrer said. To her, it is not just the right to marry, but the recognition of misuse when it comes to terminology. “There’s the overarching use of terms like ‘fag’ or ‘gay,’” she said. “In high school, I couldn’t walk down the hallway without hearing them. Even though they weren’t using the term against me, it felt like they were. Those sort of things just remind you that you’re different.” Yet, the most important message Equal Rights have for the GLBT community is recognition of their equality. “Being gay isn’t who I am, it’s just one part of me,” Mehrer said. “I don’t choose to wake up one day and be different and be discriminated against by a large part of the population, especially in Wyoming.” In the end, it will narrow down to the judicial system weighing the impacts of same sex marriage. To Lanker, the effects of marriage inequality are more tangible than same sex marriage opponents’. “The stories of people hiding their true sexual orientation are heart-wrenching--I know people who have described the devastating psychological consequences of hiding their sexual orientation and trying to be straight,” she said. “If society fell apart because of same-sex marriage, we'd see that in Massachusetts. Last I checked, it still exists.”
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