The California Supreme Court justices’ unanimous ruling last Wednesday tossed out a legal challenge by supporters of Proposition 8, a ballot measure passed by voters in 2008, which banned same-sex marriage.
This means gay marriages in California are here to stay. Advocates against gay marriages, however, are not giving up just yet.
According to the Associated Press, anti-gay marriage group Alliance Defending Freedom said the ruling does not end the debate in California.
The group’s attorney, Austin R. Nimocks, called on lawmakers to ban gay marriage but declined to say whether a legal challenge will be filed.
“Though the current California officials are unwilling to enforce the state constitution, we remain hopeful that one day Californians will elect officials who will,” he said.
Supporters of gay marriage and equal rights advocates are also preparing for the long fight.
“By now, I suppose we know better than to predict that Prop 8 proponents will actually give up their fight,” San Francisco City Attorney Dennis Herrera said. “But it’s certainly fair to say that their remaining legal options are increasingly absurd.”
The California high court ruling came about two months after the US Supreme Court refused to consider the issue, leaving in place a lower-court ruling that struck down Prop 8 gay marriage ban as unconstitutional.
This ruling is grounded on the equal protection clause of the US Constitution that mandates equal rights and protection for all Americans.
The decision affirms that gay couples are not to be treated as inferior to opposite sex couples, and this includes the right to marry.
The court explains that allowing gays to be legally married does not take any rights away from opposite sex couples.
Case study: Norika and Michael Clem
On the day that the California Supreme Court issued its ruling, 47-year old Norika San Pedro and 41-year old Michael Earl Clem got married at the San Francisco City Hall, with friends and family as their witnesses.
Norika is among my followers on Facebook, Twitter and Instagram and she wanted to share her story through Balitang America so our viewers may see real people and real stories behind the gay marriage debate.
Our North America Correspondent, Henni Espinosa, was there and she filed this report. (Go to www.balitangamerica.tv to watch the video)
Norika is a transgender who is still legally considered male. But Michael, who considers himself straight, knew he was destined to marry her. “She’s my everything. She’s my oxygen,” he said.
Norika was born Leonilo San Pedro in Bulacan. She said she always she knew she was gay, even as a young boy. Because of this, Norika said she was bullied in school as a kid.
Norika’s father died when she was six years old. Being the only male in the family, she worked hard and eventually became the family breadwinner when she worked as an entertainer in Japan in 1994.
It was during this time when she transitioned into a transgender.
Her family, especially her mother, was against it. But Norika told them, “Minsan lang tayo mabubuhay, at gusto kong maging masaya.”
She moved to the US in 2008 on a tourist visa — a visa that has since expired.
While starting her new life in the United States, she met Michael Clem through an online dating website.
They fell in love, and Michael was even planning to move to New York (where gay marriage is legal) so he could marry Norika and petition her as his spouse.
But last June, the Supreme Court struck down the Defense of Marriage Act (DOMA) which defined marriage as a legal union between one man and one woman.
Because of this ruling, same-sex couples could now enjoy the same federal benefits that are accorded to same sex couples, including immigration benefits.
And because the highest court also effectively struck down the ban on gay marriage in California (Proposition 8), Michael and Norika did not have to move to another state to tie the knot.
Now that they are married, Michael is in the process of filing a petition for Norika, who has been an undocumented immigrant for five years.
“I want Norika to be around me forever. I want her by my side. It’s important for her to have the same rights as other citizens,” said Michael.
“It’s a dream come true. I’m happy that I’m going to be with him forever,” Norika added.
Since the Supreme Court’s rulings on DOMA and Prop 8, more Americans now want the nation’s lawmakers to go even further. A recent Gallup Politics poll shows that 52 percent of respondents would support a law that would legalize same-sex marriage across all 50 states.
And for those who still oppose their union, Norika has this to say: “Let’s live in peace. We’re not harming anyone. We just want to be happy.”
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Gel Santos Relos is the anchor of TFC’s “Balitang America.” Views and opinions expressed by the author in this column are are solely those of the author and not of Asian Journal and ABS-CBN-TFC. For comments, go to www.TheFil-AmPerspective.com, https://www.facebook.com/Gel.Santos.Relos
