"Attitudes change when people learn about discrimination, and this case will open minds," said Ted Olson in the federal challenge to Proposition 8. We need to continue to amplify the themes underscored during the Prop 8 trial by plaintiffs' attorneys Olson and co-counsel David Boies, which focused on the inclusion and integration of LGBT people within the legal protections enjoyed by all Americans and framed this current controversy within the larger historical context of past discriminatory laws that have been eliminated. In this way, marriage discrimination against the LGBT community is seen as one more instance of unfounded bias and prejudice that is eliminated and is consistent with the enduring American principle of extending constitutional protections and fairness to all people.
Our response to Chief District Court Judge Vaughn Walker's ruling – expected any day – should be to reach out in fellowship and compassion to those who voted for Prop 8 in 2008, those who did so out of fear and lack of information. Just like the evolution of Governor Arnold Schwarzenegger, Senator Dianne Feinstein, and San Diego Mayor and Prop 8 trial witness Jerry Sanders, we need to ensure we celebrate (hopefully) with a grace that allows people to evolve in their position toward marriage equality with dignity and join us as we move forward. We need to ensure we do not view this anticipated win as a zero sum game against our adversaries – but rather the unfolding of a more inclusive, kind, loving country for everyone.
Olson, a well-known conservative, has become a hero to the gay community, one of our unexpected allies, and none of that would have happened if supporters of this case didn't reach across the political aisle and invite him to help. As Rob Reiner said in an August 2009 New York Times article, "Ted Olson? Why on earth would I want to talk to him? But I thought, if someone as conservative as Ted Olson would get involved in this issue, it would go a long, long way in terms of presenting this in the right kind of light."
Olson then suggested bringing on Boies, his adversary in the 2000 Bush v. Gore case, and together they formed the legal odd couple team that once again may appear in front of the U.S. Supreme Court – this time on the same side arguing that equality under the law is not a partisan issue, it is an issue that all Americans embrace as a fundamental constitutional principle. When asked about this case coming before the Supreme Court, Olson replied, "David and I have both been there before and we have agreed, David will get the support of his justices and I will get the support of mine, and together we should end up with a unanimous decision." (To see a recap of the closing arguments, visit the Marriage Equality USA exhibit in the Walgreens display window on the corner of 18th and Castro.)
Just as Olson and Boies came together in the legal case, we must also invite and include everyone to come together as a community and we can start with the "Day of Decision" gatherings across the country, planned for the day Walker issues his ruling. The community's response to Walker's imminent decision, likely the first of three as the case wends its way to the Supreme Court, provides an opportunity to echo the dignity, inclusion, and evidence in support of our cause. There has been time since the Prop 8 election for the garbage that was generated between family members, neighbors, and even between equality advocates to turn to compost. There are new opportunities to reach out and work together cooperatively and synergistically with everyone at the table contributing their talents and resources.
Marriage Equality USA is hosting the coalition website (http://www.prop8decision.com) to allow community leaders and organizations to communicate with one another, post and coordinate their local Day of Decision community response events. MEUSA also is sponsoring statewide coalition teleconference calls to facilitate working together and sharing ideas and perspectives as we take the necessary next steps in eliminating discrimination based on sexual orientation and gender identity. Participating in or organizing such gatherings provides a wonderful opportunity to reconnect. To take part or to start up your own event, visit the website. We look forward to working with everyone on this next chapter.
And let us take to heart one of the greatest lessons learned from the unfolding of this federal trial: when we reach out to unexpected allies across the aisle, our capacity, our ability to do something amazing – to replicate what Olson and Boies have started with this court case – in our own court of public opinion expands. When we create that kind of inclusive and integrated coalition and community, we don't just create change, we transform, and in that way equality will prevail. When we are truly together we will win.
The future looks bright and if you don't believe us, check out "Prop 8 Love Stories" written and performed by teenage actors and playing in the Bay Area through July (http://8lovestories.blogspot.com). All the prior weariness is wiped away watching our future generation reflect the story of our movement so far.
In San Francisco there will be a gathering in the Castro on the Day of Decision. A rally is planned from 5 to 6 p.m., followed by a march to SF City Hall (stopping briefly at the LGBT Community Center) for another rally from 6:45 to 7:45 p.m. Further celebration (hopefully) in the Castro into the evening.
Molly McKay and Pamela Brown are media director and policy director, respectively, for Marriage Equality USA.