Prop 8 a Counterfeit Marriage and Special Rights to Some

SAN FRANCISCO -- The announcement on the ruling for Proposition 8, same-sex marriage in California was scheduled for Wednesday between 1 p.m. and 3 p.m. I arrived in downtown San Francisco at noon with the thought that I would have a hard time parking given the historical implications of the decision. To my surprise, the streets surrounding the Phillip Burton Federal Building, on Golden Gate Avenue, in San Francisco were relatively quiet. When I arrived, I noticed the majority of the people milling around the entrance were reporters equipped with cameras and microphones, interviewing a few early arrivers.

As time moved closer to the anticipated public statement, more people began showing up. The crowd grew increasingly animated as they nervously waited for news. Cheers went up when a lone man came marching up the street waving a rainbow flag high in the air and posing for pictures. I asked a man next to me, Michael May, a 46-year-old man from Castroville why he was here and what today meant to him. He said that it is "a matter of civil rights. People are born gay. It's not a choice. I have a male partner that I have been with for 18 years."

May believes marriage is an evolving institution throughout the world and that same-sex marriage should be his right just as anyone's wishing to marry.

"It's not a threat to anyone's children or family," said May. "We're not second class citizens."

He said that the gay community is under constant threat and harassment simply for being gay outside more liberal cities like San Francisco. Tears welled in his eyes as he recounted many years of personal discrimination. He said overturning Prop 8 would give a boost to the gay community's self esteem.

I asked if he felt it would change public sentiment and he indicated that it probably wouldn't, but would be "a start in that direction".

Also among the crowd were several members of clergy on standby to perform same-sex marriage ceremonies.

Jana Drakka, a Buddhist Monk from Scotland, who now works with the homeless community in San Francisco, recounted to me her own tale of discrimination, years of separation from her family back home who have disowned her, and her fight for the right to become a female monk. The years of battle were evident in her words but not in her countenance. Her strong, quiet demeanor showed resilience to the fight she strongly believes in.

Sitting towards the back of the crowd, I noticed interviews taking place with a young man and woman. I went over to them and asked why they came here today. They indicated they had just gotten engaged last week. Luke Otterstad, a young, independent businessman and his new fiancé, Nadia Chayka, drove here from Sacramento to attend the gathering and show their support for traditional marriage.

"(Gay marriage) undermines marriage as a whole for our society when it's redefined that way," Otterstad said.

He argued that just as counterfeit products undermine the US economy, gay marriage as a counterfeit undermines the institution of marriage. He indicated that same-sex marriage supporters are asking for "special rights" not "equal rights."

It wasn't just the matter of same-sex marriage that Otterstad took issue with. He also said he believed our democratic process is at risk.

"I don't like the process here as were going around how we operate as a democratic society," he said. "We vote, we have our vote counted and that's written into the law. And now we have elected judges overturning the will of millions of people by overturning their vote and there's nothing we can do about it. It's taking away my rights in the process."

Otterstad said he thought the issue would go to the US Supreme Court and Prop 8 would be upheld. He and fiance said they will continue to stay strong supporters of traditional marriage.

When the news came that Prop 8 was overturned, many in the crowd joyfully rushed to San Francisco City Hall to try and beat a possible stay pending an appeal. The news came to the crowd at about 2 p.m. and several minutes later, one couple, Vanessa Judicpa and Maria Ydril, had requested an application for marriage from the city clerk.

Molly McKay, an attorney and a gay rights activist said being there today was "a little moment of deja vu." She was one of the couples who rushed to the courthouse back in 2004 to marry her partner Davina Kotulski. Helping Judicpa and Ydril get their marriage application today she said, "Judge Vaughn did issue a temporary stay and we just weren't quick enough, we just weren't quick enough to get them married in those nine minutes. Everyone wanted them to be able to get married."

Too late to beat the stay Judicpa and Ydril, preformed a mock marriage ceremony to allow the clergy in attendance to give a public blessing as a witness to their commitment. They tentatively have a real ceremony scheduled for this Sunday pending approval of their application according to one bystander.

While most who followed the couple to the courthouse were rooting for the couples pending success in a legal ceremony, those who hold to the Defense of Marriage Act and the belief that marriage is a sacred spiritual bond between a man and woman will likely not be celebrating with them as the battle now turns to a higher court for justice...and for some...they will turn to a higher power.