Proposition 8 was repealed yesterday by Chief US District Judge Vaughn Walker, who stated that it violated the constitutional rights of gays and lesbians. While a temporary stay stops the decision from taking immediate effect, the ruling is seen as a milestone to supporters of gay rights, and the case is expected to be tried in the Supreme Court.
Healthy relationships have long been accepted as a significant factor in an individual's physical, mental, and emotional health, as shown by numerous studies. However, for same-sex couples in California, making this relationship a permanent legal bond has not been an option.
Lesbian relationship coach Barb Elgin, MSW, LCSW, believes that legal marriage will create a more satisfying bond for same-sex couples, both in the short and long term. "Right away, I think more gay and lesbian couples will find a new and/ or renewed sense of commitment to each other. Why? Because their self esteem will be raised by being acknowledged as equals. When the law says you are equal, you- and others- see you in a whole new light."
She goes on to say that the benefits will only increase. "Legal marriage will lead to more satisfying bonds over time for those who take their commitment seriously."
Elgin points out that the public acknowledgement which heterosexual couples take for granted is often missing for same-sex couples, to detrimental effects.
"Married couples receive all sorts of respect and support from family members, employers, etc., that unmarried couples don't always automatically receive. A simple yet powerful example is the wedding anniversary. Straight couples probably don't realize how important recognition of an anniversary is, in terms of help over rough spots. What often 'kills' gay couples is the invisibility or lack of acknowledgement."
Another challenge for same-sex couples has been dealing with hospital visitation rights and decisions about medical care for their significant other. Barb Elgin discusses the comforting emotional benefits of having such possibilities covered: "During our most vulnerable times as a couple, it is reassuring to know we don't have to worry about explaining our relationship to those entrusted with our care, such as doctors, hospitals, etc. Even worse, we don't have to worry about being shut out of seeing our partner, as he or she is going in for life saving surgery, or even dying."
The thought of being unable to participate in the medical decisions of a loved one is unthinkable for most couples. Yet, it has been the reality for same-sex couples faced with a system that may not recognize their relationship. Such issues are at the heart of the battle that has been fiercely debated in California as well as across the nation.
It has been pointed out by many that the issue of same-sex marriage is neither a democratic or republican issue; neither is it a liberal or conservative one. Rather, it is a human/ civil rights issue. Judge Walker's ruling recognizes that enjoying the benefits of a healthy, permanent, and legally recognized bond is a basic freedom that should not be denied to any group of people.
In the Los Angeles area, rallies were held in West Hollywood and Olvera Street to celebrate the measure's repeal. Mayor Antonio Villaraigosa shared his thoughts.
"Thousands of same-sex couples in California and across the nation for far too long have been told, either tacitly or explicitly, that their relationships are inadequate or irrelevant," he told the crowd. "Today in California, that finally changes."
Additional resources:
The Los Angeles Gay and Lesbian Center
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