Let Them Eat Cake

Robin Tyler is one of the Original Plaintiffs in the CA Supreme Court Lawsuit, Tyler v. County of LA

Wedding cake that is. And " them" means everyone one of us. Everyone!

Everyone has the right to be treated equally. And that means the right to be legally married. Here, in the state of California, where Diane Olson and I were the initial lesbian litigants on this matter, we finally had our day in court. And what a day it was! A very courageous and just court applied the very basic tests of our American ideal of equality.

To be quite honest, we were both shocked by the scope of the decision. Diane, whose grandfather, Culbert Levy Olson, was the first elected Democratic Governor of California (1938-1942) and ran on the platform of 'Separation of Church and State,' said, "My grandfather would be very proud of us today." Both of us, together 15 years, wept when we heard the ruling.

The CA Supreme Court decision wasn't just historic because of their ruling for marriage equality. It was historic because, for the first time in American history, the ruling applies the strictest test, one of "suspect classification," on questions regarding any state law or policy that discriminates on the basis of sexual orientation. This meant that the 4-3 decision by the court, not only legalized our right to marriage, but also extended to sexual orientation the same broad protections against bias previously saved for race, gender, the disabled, and religion.

So our marriage equality lawsuit became the Trojan Horse, an exquisite wedding gift to all of us, in which all of our other legal rights rode to victory In the State of California.

This stunning decision was written by Chief Justice George, one of 3 Republican appointees who ruled on our behalf.(the 4th was a Democratic appointee). The George court has been seen as very cautious and very middle of the road. He is the same Chief Justice who previously nullified the City of San Francisco's marriage licenses, deeming them to have been granted illegally, and insisting that the cases work their way up through the courts. Luckily, when this Initial ruling came down, on March 11, 2004, our case had already been filed in Los Angeles. (Feb.24)

Our lawsuit was not a reaction, as many of the press has reported, to the annulled San Francisco marriages.

It was an action, announced by our attorney, Gloria Allred at the Beverly Hills courthouse at 9 AM, Feb. 12, 3 hours before Gavin Newsome married our good friends, Del Martin and Phyllis Lyon. She stood with Diane and I, and Rev. Troy Perry and Phillip Ray DeBlieck, who were filing with us, asking the state of California to recognize their Canadian marriage.

Rev Perry, founded Metropolitan Community Churches In 1968. Troy had been marrying same-sex couples In his Church since 1969. I had begun working for same sex marriage rights In 1974, and both Troy and I took part In marriage protests (At the first gay March on Washington In 1979, we held signs up In front of the IRS building In DC saying "Tax us, Marry Us). I emceed the first marriage ceremony at the 1987 lesbian/gay March, and Troy spoke. Over five thousand couples participated. Troy officiated the marriage ceremonies at the 1993 and 2000 LGBT marches on Washington, where there many thousands more attended.

Some attorneys within the gay legal community were angry at us when we announced the lawsuit. (Indeed, angry is very much an understatement.) They said we had not 'consulted' them." Excuse me?

We were the pioneers, the odd couple, a Jewish lesbian and a Christian gay minister who had worked for marriage equality for almost 40 years!

'They' said the court was too conservative and that we would lose. Well, if we didn't try, wasn't that losing by default?

'They' said that this would create a backlash. But, as Martin Luther King wrote in his letter from a Birmingham jail, "how can there be a backlash, when we have not gone forward." Although domestic partnerships had offered us great legal protection, they were not equality under the law. Separate is not equal. 'They' said we would trigger a California Constitutional Amendment against same-sex marriage. But the Initiative Prop 22, which prevented same-sex marriage was already legal in California. 61% of the people who had voted In California In 2000 had passed It. This Initiative, that already prevented us from marrying, was what the CA Supreme Court struck down.

Yes, If the signatures are validated, there will be a CA constitutional amendment on the Ballot In Nov. But, consider this: prior to the decision in our case, 51-49% of the people in California were against same-sex couples being able to marry, yet a CBS poll taken on May 16, the day after our victory, said that now 57% in California are now for equal marriage rights, and only 43% are against them!

The California Supreme Court decision is rich with historic parallels. California in 1948 was the first state to strike down laws banning interracial marriage, leading a nationwide drive to junk the bigoted laws, and culminating, 19 years later, in the 1967 Loving v Virginia Supreme Court decision striking down such laws around the nation. Mildred Loving, who was of both African American and Native American descent and who just passed away on May 2nd, counted herself as a supporter of both inter-racial and same gender marriage before she died.

In a Los Angeles Times article on May 18, Chief Justice George indicated that he saw the fight for same-sex marriage akin to the legal battle that ended laws banning interracial marriage. He also realized that this ruling more than any other thing he does as Chief Justice, will define his legacy.

Diane and I agree. Chief Justice George, I don't know if the laws of the State will allow it, but if you are free that day, we would consider it an honor if you would marry us.

Opponents of equal marriage rights for gays and lesbians are fond of pointing to national opinion polls which show a minority of support for such rights. What they conveniently omit is the fact that huge majorities opposed inter-racial marriage rights during the era when the courts struck down the racist laws. A 1958 Gallup poll found that 96% of white Americans opposed inter-racial marriage rights. An overwhelming majority still opposed equal marriage rights for inter-racial couples at the time of the 1967 Loving decision. It wasn't until 1991 that the majority of Americans believed inter-racial couples should have the right to marry.

Yet, in a 2007 Gallup poll, 61% of Americans 34 years and younger, believe that same gender couples should be able to marry.

But it's important to remember that part of the genius of our American legal system is precisely that the majority does not have the right to abrogate minorities' rights. That is what the court system is for, and that is why we filed the lawsuit. We know that hate is an industry and raises enormous amounts of money. But the radical right does not have the right to hide their prejudices behind religious beliefs and use fear tactics to scare those who feel we might be harming the value of their marriages. Giving equal rights to one group does not diminish the value of those rights for another. Love doesn't divide, it multiplies.

This Supreme Court decision was not just a legal case. It was a validation of the hopes expressed in decades of grassroots activism.

As everyone runs for the credit, and the sound bites, Diane and I would like to thank the following heros.

Thank you, to the tens of thousands of lesbians and gay people who never gave up hope, who nationally marched, protested, picketed the post offices on tax days, and along with us, led by Marriage Equality USA and Metropolitan Community Churches applied for marriage licenses every Valentine's Day for years with the dream that one day, we would be treated equally under the law.

Thanks to our attorney, Gloria Allred, and her law firm, Allred, Moroco and Goldberg, who took the case pro bono and had the courage to file the first lawsuit In California challenging the denial of marriage licenses as being unconstitutional.

Thank you, Rev Troy Perry and Metropolitan Community churches, for working for the past

40 years, for marriage equality, and especially, for being my friend.

Thank you deputy San Francisco attorney, Therese Stewart, for standing In front of the Supreme

Court and giving what will be known as one of the most brilliant, legal arguments behalf of our community. We had great representation from other attorneys, but what you said and how you presented It, will go down In history and we will be forever grateful.

Thank you Mayor Gavin Newsome, despite the enormous resistance you received that weekend, from some San Francico leaders In our community, for having the courage and the commitment to marry Del Martin and Phyllis Lyon at noon on Feb. 12, 2004. You are our hero! You, a Democrat, put an Issue the Democratic Party had run from for decades, on the front pages of every newspaper In America. And Gavin, your doing that did not lose John Kerry the Presidential election.

Thank you Del Martin and Phyllis Lyon, for writing the first pro lesbian article which I read In Canada In 1959. You're article for Daughter of Bilitis, caused me to come out of the closet at age 16, and to commit myself to fighting for lesbian and gay rights.

And last but not least, thank you Molly McKay and Davina Kotulski, PhD., from Marriage Equality USA for being the original and lasting leaders In the California marriage equality movement.

It has been an honor to work with you, In the past, and will be In the future.

Of course, we will never forget, nor stop fighting for, those of you in states across the nation, including those whose courts or legislatures have passed punitive constitutional amendments and laws against recognizing your loving relationships nor extending to you the rights and benefits of marriage.

As we bask in our victory here in California, Diane and I, and Troy and Phillip understand that we as loving committed couples still do not have one civil right on a Federal level.

So, after I marry Diane and we have a happy celebration, we all will continue to fight the injustices that have been perpetuated on our community for so very many years.

Being 66, I hope that within my lifetime, I will see this Federal recognition achieved, and that Diane and I will be able to celebrate -- finally, at long last -- on a national level, Equality for All.

In fall 2008, Robin will be filming her one woman comedy show, Always A Bridesmaid, Never a Groom. [e-mail]

Comments

[darcy]

I'm very happy for you, but I wish this hadn't taken place in an election year. It could very well put McCain in office.

[john85msy]

Congrats!

[Zekester]

My Dear Robin and Diane knowing you as I do, not for a moment did I ever doubt your dedication or tenacity to take this fight to the highest court in California. Or to the U.S. Supreme court if need be. I'm most proud of you for never allowing the voices, from even with-in our own community, to sway you to give up this fight. You kept true to your beliefs, and your heart, that this was a fight worth fighting. I know you did not do this for just you and Diane, but for all loving Same-Gender Couples in California and across the country. We all share in this great victory and it has given us a renewed hope for the future.
You, Diane, Rev. Troy, Phillip and Gloria have created a new chapter in GLBT history. As well as a lesson to our young GLBT youth, that the struggle for equality of civil rights can be won.
I couldn't be proud to have you and Diane as my dear friends. You are my mentor in my struggle to fight for our equal civil rights here in the Sunshine State. It was an honor to work with you with on Stop Dr? Laura, DontAmend, and here in Florida.
P.S. Your Tupperware is in the mail, I hope you get it in time for the wedding. LOL
May God Bless You and Always Keep You Safe
Zeke

[army193]

Congratulation.

[tpagy]

Ms Tyler thank you and Reverand Perry for your enduring and steadfast fight I was one of the Lucky Gay Men on March 24 1993 with thousands of Gay men and Lesbians to stand before the Irs and make a Pledge before our Higher Power and Society. We committed ourselves two one another and thats when I became A true proud Gay Man that was'nt affraid of saying it. And to be in the Capital of this Country with at least 1 Million other LGBT Americans and Be Able to Hold Hands with My Partner in Public and where we were'nt the Minority and where there was the most wonderful Spirit of Peace and Love that changed me as a person never to be the same. And wondered if in my Lifetime would the Certificate that we Received would ever become Legal and here we are 15 yrs later now can think yes it will one day happen in my Lifetime. We Proudly have our Certificate in our Home on Display it Says THE WEDDING a demonstration for Couples' and Civil rights Certificate of Participation Be it Know that These Participants Have on this the Twenty-fourth day of April in the year One Thousand Nine Hundred and Ninety Three,Stood Before the United States goverment and Society and Proclaimed their Committed Relationship and was signed By Reverand Elder Troy Perry Founder Universal Fellowship of Metropolitan Community Churches LOVE MAKES A FAMILY. NOTHING ELSE, NOTHING LESS!

[JohnInDallas]

Robin Tyler is a true hero who has fought for LGBT and Women's rights for her entire life. She is a champion and it is an honor for those of us in the gay community to bask in her and Diane's victory as well as their love for each other.

My husband and I were married in Toronto, Canada in April 2004 by a judge. We look forward to the day when our marriage will be recognized in the State of Texas and throughout the rest of the U.S. Until that happens my husband and I will be treated as second class citizens... as people who are "less than."

Thank you Robin and Diane for having the courage and conviction to stand up for something that was important and just. Thank you for having the strength to stand up to the naysayers.

[BubbaC33]

In the strictest sense of things none of my friends know if I am straight or gay because we do not talk about sexual preference. We think of it as private business. And most of us believe gays have every right to marry, why should gays be immune from making such a huge mistake? But my question is this, why do some gays feel it necessary to share their preference with everyone? Is nothing to be left private, unknown by the general public? I mean this sincerely, there is no need to hide who you are, but at the same time there is no need to share everything.
About the court's decision, congrats on winning. I believe the court made the correct decision. And I hope married life for you is a lot of fun. I am happily married, but plan to try the Hefner approach when I get to my 70's- find three young blonde women and have a TV show about our life.

[WBP]

We speak to truth because silence = DEATH.

We SHOUT who we are because people like you, people who claim to like us STILL question our ability to exist.

Perhaps you are asking the wrong question, placing the burden of proof on gay folks. Perhaps the question is:

What makes YOU so uncomfortable and why would YOU ask me to be responsible for making YOU comfortable. Isn't that YOUR job?!?

[BubbaC33]

You have done a great job distorting what I wrote. And your ignorance is a part of the reason so many folks do not accept the idea that gay marriage is a good thing.
I did not write of any discomforrt, you have lied about that part of my posting. And I never mentioned a burden of proof about anything, another lie you have used in your unfair criticism of my posting. If you want to criticize what I write, go crazy. But at least try to be honest, try to avoid using lies to attack me.
I wrote that I do not understand why gay people feel the need to share their sexual preference with the general public. I do not feel the need to let everyone know that I am straight, it isn;t the business of anyone other than my wife and my girlfriends.
It seems unreasonable discourse is not limited to politics, with folks like you distorting postngs to fit your argument it seems rudeness is deemed acceptable.

[darcy]

Charming. I can see why you call yourself Bubba.

[BubbaC33]

And I can see that you are a bigot.
Just for the record, Bill Clinton is called BUbba by some of his closest friends. Jimmy Buffett is known to his inner circle as Bubba. And I was given the name in second grade by the nun teaching my class. It seems she felt the only Jewish kid in Catholic school should have a nickname.

[JTyroler]

Congratulations!

[NoDrama]

Congratulations, may your days be filled with love and joy.

[KarateKid]

Can someone answer this question:

IF a gay couple marries now, can a conservative cretin movement over turn this decision? And by some chance it does succeed, what happens to the legality of the marriages performed? Can they summarily annul the marriages legally?

[Peddler]

Although the Supreme Court has overturned the decision of the State of California, and I'm just speculating legally here, the State will initiate efforts to re-visit and place on a referrendum in November in opposition of the Supreme Court decision. What does that mean...........it means that the voters of California could reverse the Supreme Court decision. I forsee rough roads ahead. Sometimes the word ''Supreme" is not what it appears to be. It is not over yet........and that is sad.

[robinhood2]

Congratulations to the both of you. I fully expect an anti-gay marriage constitutional amendment to appear on the November ballot in California. I would hope that at least all gays and lesbians qualified to vote in California would get registered and actually vote against this measure in the November election, even if they don't like their choices for President. Unfortunately, many of them probably won't bother to vote.

[S1m0n]

The nation owes you all a huge favor. Well done!

[LiberalBuzz]

WOW! Congratulations as well.

WELL DONE and WELL FOUGHT!

Here's hoping the people of California are not so lame as to try and reverse that decision through a mean spirited and bad idea of a constitutional amendment.

And mostly I hope that George DOES marry you two.

Let us know. (have you officially asked him?)

[munimula]

Congratulations Robin! I was so moved when the court reversed the ban, and I'm a big old hetero man! It's about time.... an now, for the rest of the nation!

[DMSmith]

Congratulations and thank you. I'm 63, and I've always said I wanted to live at least ONE day as a truly equal American. We are that much closer now.

Thank you from the deepest parts of my being!