Our newest Christmas ornament, courtesy of my sister.
Santa Castro, save me !
quote:Over the course of the latter portion of the Answer Brief, Jerry Brown defines marriage as a fundamental liberty right, one of the most basic rights enshrined in the California Constitution. If I'm understanding his argument correctly, Jerry Brown is making the point that while fundamental rights can be limited via judicial decision, legislation or constitutional amendment they can not be denied without a compelling state interest, especially in the case of a minority or suspect class. In legal parlance, a suspect class is one that must be treated carefully by the law, so that the law doesn't discriminate against that class of people. As part of the In re Marriage Cases decision, gays and lesbians were determined by the Supreme Court to be a suspect class, based on the historic animus and discrimination experienced by them.
ARTICLE 1 DECLARATION OF RIGHTS
SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.
quote:That's how the relevant section of the CA Constitution read prior to the passage of Proposition 8. Remember, Jerry Brown is speaking to the fundamental right to marry as being enshrined in the CA Constitution. Section 7 is the section that was amended by Prop. 8, as follows:
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SECT. 7 (b) A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens. Privileges or immunities granted by the Legislature may be altered or revoked.
quote:There is no Section 7.1/2/3 or 4. Section 7(a) speaks primarily to how the school system is to be run in a non-discriminatory way. Read 7(b) again, and you'll see that 7.5 is in direct contradiction to it--because it separates marriage from the provisions of section 7(b). Setting aside Section 7.5 for the moment, Jerry Brown asks the court to consider the following:
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 7.5. Only marriage between a man and a woman is valid or recognized in California.
quote:California's Constitution Secs. 3.2 & 3.4 call for broadly interpreted equal protection/access to all legal institutions for all residents; which is in turn specifically called out as being equally applicable to all classes of people. Section 3.3 is relevant in that it's one of the sections of the Constitution that allows for private, consensual relationships between same-sex couples. These Sections, in combination with Section 7(b), direct that the State must show an "Interest" if either the addition or removal of equal protection/equal access is to be allowed. The State's "Interest" in adding equal access has been demonstrated by the Legislative and the Executive branches, by the passage of various pieces of DPR legislation over the last several years, which expanded most of the significant rights found in marriage to same-sex couples. Thus, all of the constitutional underpinnings for the In re Marriage Cases decision already existed prior to the passage of Prop 22. They weren't created out of whole cloth. The Court, as a result, held that Proposition 22, by separating Domestic Partnerships and Marriages in to two separate entities, violated Section 7 and failed sections 3.2 & 3.4.
SEC 3.
(2) A statute, court rule, or other authority, including those in effect on the effective date of this subdivision, shall be broadly construed if it furthers the people's right of access, and narrowly construed if it limits the right of access. A statute, court rule, or other Authority adopted after the effective date of this subdivision that limits the right of access shall be adopted with findings demonstrating the Interest protected by the limitation and the need for protecting that interest.
(3) Nothing in this subdivision supersedes or modifies the right of privacy guaranteed by Section 1 or affects the construction of any statute, court rule, or other authority to the extent that it protects that right to privacy, including any statutory procedures governing discovery or disclosure of information concerning the official performance or professional qualifications of a peace officer.
(4) Nothing in this subdivision supersedes or modifies any provision of this Constitution, including the guarantees that a person may not be deprived of life, liberty, or property without due process of law, or denied equal protection of the laws, as provided in Section 7.
Jim, it's infuriating, but we're winning. This will be overturned. Of course, please do continue to go on about it, and I'm right there with you. I just want you to not feel so hurt anymore. You can see the fear in their eyes. It's 1962, and the Civil Rights Act is coming, and not all the sheriff's dogs can stop it. And you get to know that in advance.
CNN is reporting that seventy percent of blacks voted for this amendment.
Without the black vote this amendment would not have passed.
Whites were slightly leaning towards it, while asians and latinos were split.
I met my husband 20 years ago, and we finally got married two weeks ago. As I write, it's almost 2 weeks to the minute. I was going to start this blog several months ago, but it got away from me. I wanted to comment on living as a couple, and as a family. I wanted to get all political, but it became so personal. I've realized these past few months just how much marriage mattered to me, and to my (now) husband. So I'll start with the ceremony. Maybe later I can go back in time & give you a little history.
50 or so guests are gathered in Foster City, alongside a lagoon...
Welcoming
Welcome Steven, welcome Jim and welcome everyone. Thank you for being here today to share in the joy and celebration of this special occasion. I join with Jim and Steven in acknowledging all of you for traveling from various destinations to be with them as they commit to their marriage vows. You’ve come from Pennsylvania, Chicago, Seattle, LA, San Diego and various parts of the bay area. Your presence today adds meaning and respect to our wedding ceremony.
Introduction
Ecclesiastes tells us: “For everything there is a season, and a time for every matter under heaven."
Now is a time for a wedding.
Friends, we have been invited here today to share in the celebration of the marriage of Steven and Jim. We come together, not to mark the start of a relationship but to recognize a bond that already exists. Steven and Jim chose one another twenty years ago, and stand before you to affirm their commitment to each other in a way they had never dreamed possible. This marriage is one expression of the many varieties of love.
There is the love of a parent for a child, and of that child for his brothers and sisters. It is a love that flows forward and back between generations, flowing out and back again as a son grows and chooses a partner for life. We are here today to witness the small and profound miracle of two people greeting each other, for the first time, as a married couple. They have asked you to join them not only in their public declaration of love, but to share their joy as they legalize their commitment to each other.
Personal History
People come together in a variety of unexpected ways involving synchronicity, timing, good luck and in today’s case, noticing each other while socializing with friends in San Mateo So at this time, I’d like to share a little of the coming together of Steven and Jim and the qualities of their love story as I’ve learned about it during our preparations.
They met over 20 years ago and had their first date at an El Salvadoran restaurant on May 23rd, 1988. Jim was attracted to Steven’s good looks-his blond hair and sparkling eyes. He was excited to learn that Steven was also a smart, caring and empathic man.
In getting to know Steven, Jim has found him to be loving, honest, supportive, direct and forgiving. With Steven in his life, he’s found balance and stability, comfort and security. He is proud of the way Steven thinks things through in a methodical way. He is persistent and thorough.
Steven makes him feel loved with tender looks and a subtle smile that conveys his deeper feelings and trust. He knew they would be life partners when they first met. Just being next to Steven convinced him there was such a thing as love at first sight.
Steven was also attracted to Jim’s good looks and his enthusiasm for life. He’s found him to be honorable, loving, emotional, loyal and silly. He gives family issues a priority and has always been a support for Steven with health as well as personal concerns.
Jim has encouraged him to relax, have fun, let his hair down a bit and to be more accepting of things the way they are. He realized they would be life partners after Jim mistakenly confused the time he was to pick him up at the airport. Jim’s regret and apology touched him and in Steven’s words, “I haven’t been able to shake him ever since.”
Jim makes him feel special by expressing his love openly and often. He was proud of Jim, not your committed gardener, for creating a circular planting area in their front yard and filling it with lovely flowers because of the joy he knew it would bring to Steven.
They have much in common. They are both intelligent, enjoy books and travel. They love and value their families and are dedicated to spending time together.
And they have a few differences. One of them tends to see things in black and white; the others finds the gray area. One of them loves plants, the other cars. One of them is reactive to people and situations; the other sits back, observes and then thinks things through. One of them is more dramatic, the other more reserved. One of them can be a procrastinator, the other focuses on details. One of them is a self-described neat freak; the other can be oblivious to his surroundings while reading or working on the computer.
May all of your differences present opportunities for personal growth and acceptance. Continue to incorporate into your marriage the gifts and values received from your individual families including self-respect, honesty, integrity, hard work, respect for friendships and treating people well.
Jim and Steven, after 20 years together you know each other very well. You also know that marriage will not always be smooth sailing and all of the moments won't be exciting or romantic. Sometimes worries and anxieties will be overwhelming. But together, two hearts that accept each other, commit to being good listeners, are patient in communicating with each other, will continue to find comfort in one other.
I know we all share the joy and enthusiasm of your special union. It’s both personal and historical. You’ve committed to this public statement of your love and the State Supreme Court has ruled it legal. May you go forward with pride, conviction and courage and may other committed partnerships follow in your footsteps. Continue trusting in each other and in your relationship for you are at the threshold of an important moment in time. I’ll paraphrase some thoughts on threshold by the Irish poet, John O’Donohue.
A threshold is not a simple boundary; it is a frontier that divides two different territories, rhythms and atmospheres.. Indeed, it is a lovely testimony to the fullness and integrity of an experience or a stage of life, a real frontier that cannot be crossed without the heart being passionately engaged and woken up.
To acknowledge and cross a new threshold is always a challenge, but it is also an invitation and a promise. Whatever comes, life will remain faithful to us, blessing us always with visible signs of invisible grace. We merely need to trust.
Statement of Intent
At this time I ask the parents of Steven and Jim to stand. Out of the love your sons have for you, they have asked that you participate in today’s ceremony. Therefore I ask: Do you at this most significant juncture in the lives of your children recommit to their good? Do you pledge to stand beside them as they begin this new phase of their life together? Do you promise to support them and offer help to them in decisions that both accord with and oppose your judgments. To engage them not only as your children but as your friends? To do everything in your power to encourage and exhort them to remain faithful to each other? If so, please respond “I do.”
I would at this time ask for the assembly to stand and join in the declaration of intent. Friends and loved ones of Steven and James, you are also asked to participate in today’s ceremony. Do you at this time commit yourselves to the loving support, nurture and encouragement of this couple? Do you promise to hold them accountable to the vows they will make before you? To remind them of their commitment to each other and assist them as far as it is possible in maintaining a pure and growing relationship? To model before them and thereby encourage them in a healthy and wholesome marriage relationship? To stand beside them as they fulfill these vows throughout their lifetime together? If so, please respond by saying “I do.”
Song
We now invite Jim’s niece Caitlin to come forward to sing “The Wedding Song (There is Love)” Caitlin will be accompanied by Jim’s brother Ray.
Blessing of the Hands
Steven & James, please take each other’s hands and know that these are the hands of your best friend, strong and full of love for you, that are holding yours on your wedding day, as you promise to love each other today, tomorrow, and forever.
These are the hands that worked alongside yours, as together you built your future.
These are the hands that passionately love you and have cherished you through the years, and with the slightest touch, comfort you like no other.
These are the hands that hold you when fear or grief fills your mind.
These are the hands that have countless times wiped the tears from your eyes; tears of sorrow, and tears of joy.
These are the hands that will tenderly hold yours.
These are the hands that help hold your family as one.
These are the hands that have given you strength when you needed it.
And lastly, these are the hands that even when wrinkled and aged, will still be reaching for yours, still giving you the same unspoken tenderness with just a touch.
Vows:
Officiant: Who gives these men to be married to each other?
Parents respond: “We do.”
Steven and James have shared their lives for 20 years now. In this season of change, they have chosen to exchange traditional vows, in recognition that their joining together arises from not just from their shared history, but from their families and friends, and the generations that have come before them.
I, Steven Clair, take thee, James Michael, to be my wedded husband, to have and to hold from this day forward, for better, for worse, for richer, for poorer, in sickness and in health, to love and to cherish, till death do us part, according to God’s holy ordinance; and thereto do I give thee my pledge.
I, James Michael, take thee, Steven Clair, to be my wedded husband, to have and to hold from this day forward, for better, for worse, for richer, for poorer, in sickness and in health, to love and to cherish, till death do us part, according to God’s holy ordinance; and thereto do I give thee my pledge.
Exchange of Rings
Wedding rings serve as a fitting symbol of the vows you have just spoken. They are the outward and visible sign of an inward and invisible reality—the love that binds your hearts together. Of all the parallels that could be drawn, perhaps these are the most compelling:
1) As these rings are of the finest of earth’s materials, so your love is rich in its godly composition and spiritual value
2) These rings have no beginning or no end, so they symbolize the perfection of the love for which you will strive in your marriage relationship, that also knows no end. Purity and eternity must characterize the love you have for one another and the union into which you are now entering.
Steven, please place the ring on James’ finger and repeat after me:
James, I give you this ring in token of our marriage vows. From this moment forward, may it ever be a symbol of the unbroken bond of my love for you, given to you eternally. With this ring, I thee wed.
James, please place the ring on Steven’s finger and repeat after me:
Steven, I give you this ring in token of our marriage vows. From this moment forward, may it ever be a symbol of the unbroken bond of my love for you, given to you eternally. With this ring, I thee wed.
Closing Reading
For our closing reading, Jim and Steven have chosen:
To Love is Not to Possess
by James Kavanaugh
To love is not to possess,
To own or imprison,
Nor to lose one's self in another.
Love is to join and separate,
To walk alone and together,
To find a laughing freedom
That lonely isolation does not permit.
It is finally to be able
To be who we really are
No longer clinging in childish dependency
Nor docilely living separate lives in silence,
It is to be perfectly one's self
And perfectly joined in permanent commitment
To another--and to one's inner self.
Love only endures when it moves like waves,
Receding and returning gently or passionately,
Or moving lovingly like the tide
In the moon's own predictable harmony,
Because finally, despite a child's scars
Or an adult's deepest wounds,
They are openly free to be
Who they really are--and always secretly were,
In the very core of their being
Where true and lasting love can alone abide.
Pronouncement
By the authority vested in me by the State of California and a minister of the universal life, but most of all because of the vows made in the presence of these witnesses, I now pronounce you husband and husband. Please welcome one another into the estate of marriage with a kiss.
Presentation
Friends and family, I present to you: Steven & James