The election-day passage of Californias Proposition 8, which amended the states constitution to ban same-sex marriage, was a setback for marriage equality and LGBT rights, coming just six months after the states supreme court granted same-sex couples the right to marry. It was accompanied by other anti-gay ballot initiatives in Arizona, Florida, and Arkansas.
Rather than demoralizing the movement, however, Prop 8 catalyzed a massive explosion of outrage. Eleven days later, over 130,000 people in at least 213 different cities streamed into the streets on November 15 for one of the biggest days of protest for gay rights in U.S. history. These mass demonstrations put the issue of marriage equality in national headlines, and gave new confidence to many LGBT activists and supporters across the country.
The November 15 protests were primarily organized through the website JoinTheImpact.com, established by grassroots LGBT rights activists just days after the passage of Prop 8. They largely bypassed the mainstream LGBT organizations, which prefer to follow the timid strategy of lobbying individual politicians to make change from the top down rather than mobilizing mass demonstrations.
This surge in activity and strength within the LGBT rights movement reflects the growing confidence of a new era. In 2004, when gay marriage bans passed in 11 states, there were no mass protests. But the defeat of the Republicans and the election of the first African-American president have produced a new level of confidence and a sharp rise in expectations of progressive change.
No Reliance on the Democratic Party
We should use the anger against Prop 8 and the popular momentum built up through November 15 to build this fight nationally, calling for mobilizations across the country to demand same-sex marriage rights everywhere.
The movement should demand that the California Supreme Court overturn Proposition 8 as an unconstitutional attack on equal rights when it conducts hearings in March. But we cannot rely on the courts or politicians to fight our battles. Instead, we must mobilize to put the weight of public pressure on the courts and the political establishment and show them the support that exists for marriage equality.
It is worth remembering that the Supreme Court ruled in favor of abortion rights via Roe v. Wade only following mass demonstrations and the building of a powerful womens movement. In 1992, the Supreme Court explicitly said they could not overturn Roe v. Wade because of the terrible price they would pay in the form of a public backlash (Washington Post, 7/1/92).
This is why it is so important that the movement adopt a strategy of mass action rather than depend on Democratic politicians to bring progress. Obama, for instance, supports repealing the anti-gay Defense of Marriage Act passed under Clinton, yet still opposes same-sex marriage, a fact that was used by the Prop 8 campaign to whip up support for their reactionary legislation.
This is a perfect example of how corporate politicians will sacrifice our basic rights if it means they can pocket more votes. This phenomenon is further illustrated by Obamas choice of anti-gay California pastor Rick Warren, a key political and financial force in successfully passing Prop 8, to conduct the invocation at his inauguration. This is a blatant attempt to appeal to Christian evangelicals at the expense of the basic rights of the LGBT community.
Further, leading Democrats will attempt to force the movement to water down its demands for marriage equality into the more realistic channel of civil unions. Yet according to the U.S. Government Accountability Office, there are 1,138 benefits dependent on marriage, and these are being denied to same-sex couples. Where civil unions exist, they do not grant full marriage benefits and only serve to perpetuate a second-class status for the LGBT community, like a modern-day attempt at separate but equal.
Full Equality is Achievable!
Rather than confining ourselves to what is realistic for the political establishment, we should boldly and unapologetically build the movement for marriage equality by mobilizing millions into the streets.
Recent years have witnessed a dramatic shift in attitudes towards LGBT rights and increasing public support for same-sex marriage. For example, despite the fear-mongering of the Yes campaign and the timid response of the official No campaign, Prop 8 passed by a narrow 4% margin compared to the large 23% margin by which the identically-worded Prop 22 passed in 2000.
Some on the left argue that we should focus on dismantling the institution of marriage altogether. Socialists also oppose the government and wider capitalist society pressuring people to get married in order to receive economic benefits and legitimacy for their relationships. We argue that government should have no place in deciding which interpersonal relationships are valid. However, as long as government links marriage to special rights, the struggle for same-sex marriage rights remains vital.
To win support for gay marriage, we should point out that the same people fighting against same-sex marriage are those who want to roll back civil rights across the board, for women, workers, and people of color. Through its radical mass struggle, the LGBT rights movement should link up in solidarity with other struggles for equality, democracy, and better living and working conditions.
November 15 was only the beginning. Together, we must take the fight for justice and equality into 2009, and continue to struggle until all people and families, regardless of gender, sexual orientation, or marital status, can take control of their own lives.