Civil Rights History

A reader writes:

"Their family relationship" is the most striking phrase in the ruling - even for me, as a gay man. It rightly identifies what is at stake. What a radical notion: that we can form a family!

Or that we are already part of one. Another worries:

As explained in one of the dissents, the California Court's majority basically ruled that, because the California legislature has recognized domestic partnerships (i.e., civil unions), the California Constitution requires that the state also recognize gay marriage.  We should expect, in response, that other, less progressive, states will move to curtail or prohibit civil unions. Those who oppose gay marriage will argue - with some force now - that the only way to prevent a court from recognizing gay marriage by judicial fiat is to prevent civil unions.  Because otherwise, a state court may bootstrap a gay marriage right onto any (democratically created) civil union laws.   

The decision is an arrogant, impatient one. My gay friends are impatient, and I understand their impatience. But the Court should have trusted the people.

It was only a matter of time. A democratic consensus, based on reason and persuasion, is much better for everyone, in all the states, in the long run.

Yes, and it has been building. But a republic is not just a democracy. It is a confluence of constitutions, laws, legislatures, executives and courts. In 1948, the California court ruled against miscegenation bans. It took three decades for that act of "judicial activism" to gain consensus nationally. Another reader writes:

As I sit at my desk and I read your coverage of this remarkable day in California, David Byrne's version of "Don't Fence Me In" plays on my iPod. Coincidence? You make the call.

Another:

I'm sitting at my cubicle at the conservative aviation insurance brokerage firm where I work, tears of joy running down my white, heterosexual, Republican cheeks at the California decision. I feel more elated right now than I will if McCain wins in November - this is real, palpable, substantial change, and it's happening now (or, well, in 30 days). I'm 25, and this is one of the brightest rays of sunshine my young adult life has seen in a period besotted by torture, war, and a deluge of incompetence. This is a great, landmark day.