California Supreme Court’s Ruling On Gay Marriage A Benefit To Everyone

By: H. Alexander Robinson, NBJC CEO
16 May 08 12:00 AM EDT

Yesterday the California Supreme Court handed down a historic decision upholding the freedom granting hundreds of thousands of residents in the state of California the freedom to marry the person that they love.

The state Supreme Court ruled in favor of legalizing unions between people of the same gender thus affirming decades of progress made within the lesbian, gay bisexual and transgender (LGBT) movement in the state of California.

The second state high court to rule in favor of ending the exclusion of same-sex couples from marriage said, "in view of the substance and significance of the fundamental constitutional right to form a family relationship, the California Constitution properly must be interpreted to guarantee this basic civil right [marriage] to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples."

Having grown up in the segregated south, I have witnessed and experienced discrimination and I have witnessed and experienced progress, understanding, and change. This decision is a crucial step in realizing the vision of one America, an America that is no longer divided by race, gender, or sexual orientation.

Today we stand at a pivotal point in history. As a black community, we have the unique opportunity of ushering in a new era of social change and progress for another oppressed group.

The shameful history of discrimination faced by African Americans is virtually unparallel in our country. However, discrimination in all its forms is simply wrong and must never be tolerated within our society. To tolerate injustice and discrimination toward gay Americans threatens the very justice for which so many Americans gave their lives.

To not have the right to visit a partner in the hospital, inherit each other's assets, or even be able to draw medical insurance from a spouse's policy is a heartbreaking tragedy that gay men and women must face as a daily reality. It is only through the civil rights of a "marriage" and not a civil union, which provides over 1,000 federal benefits to prevent these disparities from happening.

As black people, we know from our own civil rights history that change does not happen overnight but instead it happens over duration of time.

As we celebrate the memory of our recently departed champion Mildred Loving, let us not forget that it was just 41 years ago next month that the US Supreme Court ruled in the Loving vs. State of Virginia that allowed interracial marriage across every state in the nation.

We must never take for granted the institution of marriage. It is a sacred expression of love. Regardless of who you love, the rights to marry should always be an option.

Many object to marriage for same gender couples based on history or religious beliefs. Two things are clear. First, the Court's ruling only applies to the civil institution of marriage and our churches and mosques will remain free to celebrate the unions of their choice.

Second, the Court in citing its ruling 60 years ago in Perez v. Sharp in which it found that "notwithstanding the circumstances that statutory prohibitions on interracial marriage had existed since the founding of the state---makes clear that history along is not invariably an appropriate guide for determining the meaning and cope of this fundamental (state) constitutional guarantee."

The National Black Justice Coalition and the California Conference of the NAACP filed an amicus in support of the rights of same gender couple to marry in the state.

Now the forces of bigotry and discrimination will seek to overturn this ruling by writing discrimination into the California constitution. We must stand against the forces that stand on the wrong side of history.

We must stand against these forces in every state in the union as there multiple ballot initiatives, pending state legislation and court cases waiting to be heard such is the case in the state of Florida/

Finally we should reflect upon the words of Willie L. Brown Jr., Former Mayor of the City of San Francisco, CA who stated that:

"The African-American community has been at the forefront of many struggles to secure rights for disenfranchised groups and communities. On the issue of marriage equality, however, we have not used our voices or resources to mobilize affirmatively. For the most part, we have been silent. It is my belief that this is our fight too. We must stand for equality and dignity for all of our brothers and sisters. The right to marry whomever you choose is a right that should be enjoyed by everyone."

H. Alexander Robinson is Executive Director and CEO of the National Black Justice Coalition, America's only nationwide black lesbian, gay, bisexual and trangender civil rights organization.