Written by Gregg Brekke
May 26, 2009
The California Supreme Court today upheld the passage of Proposition 8, which restricts legal marriage to a man and a woman, ruling the November 2008 initiative was not an illegal constitutional revision.
The 6-1 decision came after gay rights activists challenged the constitutionality of the proposition on grounds that it nullified California constitutional equal protection clauses.
"This court has failed to protect the fundamental rights of minorities from the tyranny of the majority," said the Rev. Michael D. Schuenemeyer, the UCC's Executive for Health and Wholeness Advocacy, in a statement responding to the ruling. "Based on the court's ruling, … equal protection is made vulnerable, not only for same gender loving people, but for all minority groups in California, whose fundamental rights can be taken away by a vote of the majority."
The United Church of Christ's General Synod, the decision making body of the church composed of delegates from around the country, endorsed a resolution at their 2005 assembly calling for marriage equality. Individual UCC congregations are autonomous, deciding implementation of such resolutions at the local level.
Schuenemeyer expressed his support, and that of many in the UCC faith community, for continued action in the adoption of marriage equality provisions.
"Congregations, pastors and members of the United Church of Christ have been and remain partners in this movement, supported by the action of the UCC's 2005 General Synod resolution supporting full marriage equality," he said. "We will continue to do our part to change hearts and minds all across this country, sharing our values – based in the commandment to love, stand in solidarity with each other and work for justice; sharing the stories of our lives – the integrity of our love and commitments, and sharing what the right to freely marry means to us and our families."
Same-gender marriages performed after the California court approved them, May 15, 2008, but before the passage of Proposition 8, Nov. 5, 2008, were unanimously affirmed as legal marriages by the court. The 18,000 same-gender marriages performed during this period, along with comprehensive sexual orientation protections offered in discrimination cases, were upheld in today's ruling.
"Today and in every day to come, let us channel the energy that fuels our disappointment and anger into actions that will make a difference at the ballot box to overturn the injustice of Prop 8 and the court's decision," said Schuenemeyer in his statement's conclusion. "This change is already at work and it needs every one of us. The sooner we all join together in this important work; the sooner will come the day when our vision for fairness, equality and justice will be realized."