(Disclaimer: I am not a lawyer. I’m talking about legal stuff to the best of my understanding, but don’t take what I say as any kind of authoritative take on the situation.)
Unless you’ve been completely unplugged for the last 24 hours, you know that yesterday Judge Walker, of the California Supreme Court, released the ruling in Perry vs Schwarzenegger declaring California’s Proposition 8, which defined marriage as being between a man and a woman, to be unconstitutional. (Here is the full text of the decision. It’s really quite compelling reading.) Most people expect the decision to be appealed all the way up to the U.S. Supreme Court, though there is apparently some doubt as to whether the proponents will have the legal standing to do so. (I heard this said a couple places but I can’t find a link to support it – anyone have more information?)
I’ve seen a number of expressions of frustration that the GLBT civil rights battle is so focused on same-sex marriage right now. Understandably so – even if gays and lesbians can get married, people of all LBTGQQI stripes can still be fired or denied housing in way too many places for their orientation, expression, or identity. Trans women are harassed, beaten, denied medical care, and murdered on a routine basis just for being who they are. On any scale, I think murder is a greater human rights violation than being denied the right to marry!
But this is bigger than it seems.
Not only is this decision a big, substantive step in the direction of full equality, it establishes some important legal precedents that will be very, very hard to wipe away.
Walker ruled that gays and lesbians are a “suspect class”, as people of color are, suffering both widespread discrimination and having relatively little political power to remedy it. This means that any laws regarding them must pass a high standard of “strict scrutiny”, meaning there must be an overwhelmingly factual, undeniable reason for the law to exist. This directly supports any future efforts towards ENDA (the Employee Non-Discrimination Act, various versions of which have been stalled in Congress for over a decade now).
Since gays and lesbians have been ruled a suspect class, saying that trans people are not also a suspect class would be a ridiculous proposition, seeing as how they are discriminated against horribly not only by the straight mainstream but by the rest of the queer community.
Trans people are also directly benefited by this ruling, especially if (when, I hopehopehope) it goes national. Right now the laws in various states vary wildly as to whether a trans person is legally the gender they were assigned at birth or the gender with which they identify, and what they have to do to get their assigned-at-birth gender changed legally, if they can do it at all. This means that right now a trans woman, legally married to a cis man in her home state, may move to another state and have her marriage invalidated because the state doesn’t recognize her true gender and says her marriage is same-sex and therefore invalid.
Admittedly that’s a tip of the iceberg when it comes to the legal hell that trans people have to deal with, but it’s something, isn’t it? It seems to me that the progress of history is a long slow march of tiny steps peppered with larger leaps. The lack of more leaps doesn’t invalidate the tiny steps; in fact they could not happen without them.
Finally, same-sex marriage is symbolically very big. If two people can get married, that’s one step closer to them being legally and culturally perceived as just like anyone else. To the suburban, white, Christian morass of Middle America that drives the mainstream political narrative and thus holds much of the political power in this country, same-sex marriage makes “the Other” less strange, less frightening, more normal. Yes, they will then pass the demonization down to the next people in the chain. Yes, discrimination and hate will continue, just as people of color are still harassed and mistreated and brutalized. But today it is just that much harder to legally justify the hatred. Every little bit helps. It’s hard to remember that when you’re not the one getting the prize, but it does help.
The important thing to remember is that as big a victory as this is, the fight is not over yet, nor will it be if (when?) the Supreme Court upholds Walker’s decision. The fight will never be over, not so long as people seek to elevate themselves by marginalizing others. That does not mean we stop fighting, or that small victories mean nothing. Small victories remind us that progress can be made.
Onward!
An addendum: do I speak from a place of privilege as a woman in an opposite-sex marriage? Yes, obviously. But I am polyamorous, and if my husband and I should find another person we want to add to our marriage, we would not be able to do so, and in fact would run many social risks by being out about such a relationship.
In marriage equality discussions I am often placed in the awkward position of feeling that same-sex marriage does get me closer to polyamorous marriage, while feeling pressured to keep that quiet lest I give the other side more ammo for their “But if gays can get married than what next?!” arguments. In other words, my desires often get thrown under the bus for the “greater good”. It’s a wretched place to be in and I don’t think there is one right answer. Sometimes the forward motion is worth the sacrifice. Many times it’s not.