Gay Marriage in California - What's Next?

There are a lot of misconceptions about what the Supreme Court case regarding Proposition 8 was all about. Both sides have improperly characterized the case as a referendum on gay marriage. That's wrong. That's what Prop 8 was, but that's not what this case was.

This case was a technical argument over whether Prop 8 was a constitutional amendment or revision. Amendments are allowed to be made by the voters in the ballot initiative process but revisions are not. Given that the entirety of Prop 8 consisted of very few words, the case for the opposition was weak from the start. If you could get an honest answer from their lawyers they'd admit they never expected to win this thing.

So, what happens next? Some in the opposition are already talking about a new ballot initiative, but if they try and ram that through in 2010 they'll likely regret it. The weeks-long temper tantrum the gay activists threw following the November election did their cause a lot of damage. The over-the-top protests against the Mormon Church, the blacklisting and boycotts against those who committed the grievous sin of contributing to "Yes on 8", and the hysterical cries from the Hollywood crowd revealed a basic immaturity which consistently underlies the gay rights movement.

Had the activists chosen a more balanced response to the election they may have come off as sympathetic figures who could have garnered additional support in a future battle. Instead, they successfully torpedoed their own future and lost ground in the process. It will take awhile to convince voters they're not all raving loons.

The reaction today and in the next few days will tell us a lot.