Jennifer Pizer
A civil-rights lawyer talks about the battle ahead for gay marriages
Following in the footsteps of left-as-hell Massachusetts, the California Supreme Court last week overturned the state’s ban on gay marriage. Online message boards buzzed with approval over the landmark decision. Gay couples’ tender kisses and awww-inducing hugs ran rampant up and down the state, notably in our darling gay villa of WeHo. For a good number of the gay community (and many others), Thursday was a heady cocktail of romance, liberation and pride.
But many is the key word here. The opposition’s one step ahead; they’ve already submitted a ballot measure aimed at derailing the decision. In a few weeks, we’ll learn whether their measure obtained enough signatures to put the amendment on the November ballot.
Jennifer Pizer is a senior counsel for Lambda Legal, a major coalition of activists pushing for equality in the GLBT community. As a civil rights lawyer, she’s advised same-sex domestic partnerships and people who have been discriminated against on the basis of their sexual orientation. Over the phone last Friday, her voice rang with triumph and pride. Despite last week’s victory, though, the road’s still rocky. Pizer remains optimistic. To her, it’s just a matter of time and understanding before that trail can smooth over.
–Sylvia Masuda
CityBeat: Anti-gay marriage advocates are already biting the heels of this result. Feels a bit rabid, really. Give me some history on what they’ve done.
Jennifer Pizer: In 2005 and 2006, multiple far-right groups submitted proposals to the attorney general to place constitutional amendments on the California ballot for the 2006 election. These different groups trying to put an initiative on the ballot were unable to raise much money and unable to bring together many volunteers, and they did not gather enough signatures to put a measure on the ballot. That was heartening to all of us because it was a good indication that California is generally not supportive of amending the state Constitution.
And what of them now?
There are alarmists who claim that domestic partnerships have caused problems in the state and that providing legal protection to gay and lesbian couples would have negative repercussions. The state has had an opportunity to see that that is completely untrue, that when the law includes everyone, it makes our society more orderly, stronger and safer, and that benefits everyone.
It’s just a process of people coming to understand that gay and lesbian people aren’t so different. Marriage is important to us for the same reasons it’s important to other couples.
In recent years, support for same-sex marriage has gone up in California. That’s a big change from earlier this decade, when California was split almost 50-50 on the issue.
Every day, more people decide that they want to stop hiding who they are and come out to the people who know them and care about them. The process of social change is as simple as one-to-one conversations that take place at work, at church, and around dinner tables. Each conversation leads to more conversations, and human understanding moves forward from there.
Understanding spreads wider and wider.
Yeah. I mean, so many people say that the process of sharing who they are is very freeing and very positive. For many people, that experience is met with warm support and affirmation.
You have extensive experience interacting with gays and lesbians working to fight discrimination against sexual orientation. What is it like to be the victim?
I’ve represented a number of people who have had a legal problem that arose upon the sudden death of their partners. We’re talking about relationships that lasted decades. When that committed relationship was suddenly severed because of some kind of tragic event, society or an employer or the government disrespected and disregarded that relationship in a way that most heterosexual people would be shocked and appalled.
Give an example.
I represented a man whose domestic partner was a flight attendant on the first American Airlines plane that was crashed into the World Trade Center. This horrific tragedy that struck those people and New York and the country – you know how many people came together in their grief. It was so shocking and terrifying and awful. And yet, for gay and lesbian people who lost a loved one, generally, the legal system treated their horrifying loss as insignificant or like it didn’t even happen. This relationship wasn’t legally recognized. My mind can hardly grasp what that felt like. It’s almost inhuman.
Humanity’s off the wall sometimes.
All these people aren’t really looking at what they’re doing. They’re not understanding the pain they’re inflicting on other people. It’s an unacceptable message of society’s that we’re not good enough to get married and, in many states, we’re not good enough to have any legal recognition.
How do you respond to foes of gay marriage who say they are doing the same thing as are supporters of gay marriage: standing up for what they believe in?
People have many different views and our state constitution protects each and every one of us. The government respects the fact that each person is free to fall in love and make a commitment with the person of his or her own choosing. It’s not up to the state government, it’s not up to a committee or [gay individuals’] neighbors whether they can or can not marry the person that they love. That’s how it should be.
Those who do believe in marrying someone only of the same religion, of the same ethnicity, and so on – I guess they just have to deal?
Many people have come to understand and accept that divorce is legal under California law whether or not the Catholic Church approves. Interfaith marriage is legal whether or not some people approve. They do not have the right to inscribe their beliefs into the family code.
So for one, this ruling’s just passed. For another, there’s a possible ballot measure that may try to block that right. What’s the next step here?
Heterosexual marriages are not threatened by gay and lesbian couples being able to marry. Over time, people will come to see that. Modern life involves lots of challenges. But this change is a really nice one and I think people will come to see that.
Published: 05/21/2008
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