The United States Supreme Court

Today, the Supreme Court, in a 5-4 decision, denied another court's request to broadcast video of the proceedings of the Prop 8 trial which is happening now in San Francisco.

They made this decision, in part, because of the "irreparable harm" that will befall those against marriage equality if they are completely honest when testifying. Let's forget for just a minute that the people being called to the stand weren't concerned about such harm when they were campaigning across California to end marriage equality. They weren't concerned about such harm when making numerous public speeches and writings either before or after that campaign.

The other reason for the denial, according to the majority, was that the trial judge did not give enough notice that this was planned. In fact, he gave a little over a week when historically most government agencies give 30 days or more. That may be true. I know that in that window I was one of the people that took the time to voice my support of cameras, and 130,000+ people who also supported cameras were able to do the same thing. There were 32 people who contacted the court to let them know they were against cameras. I'll leave it to you to decide what that means.

I would like to address the Supreme Court of the United States directly, specifically the 5 justices who voted in favor of banning video of the trial, and specifically as it relates to irreparable harm. First, one of the harms that the prop 8 side claimed to be so horrendous that it deserved protections is that one of the defendants once had a pro-Prop 8 yard sign almost stolen out of his yard. The woman who was trying to steal it ran away, sans sign, when she was interrupted trying to take it. Oooh, that's so fucking scary and I can see why that would scar someone for life!

Meanwhile, millions of GLBT folks are irreparably harmed every single day because in many places we can't tell our bosses we are gay without fear of retribution. In many places we can't tell our landlords we are gay without fear of eviction. In many places we can't speak up about injustices for fear of a beating or death. In many places we can't get married. And nowhere in this country can we get married and attain the federal rights associated with marriage. This causes hardship on our families when they need help the most. It cuts children of gay parents off from all the benefits that they could have. It separates loved ones during moments of crisis in hospitals across the country. It denies spousal benefits should one partner die. It makes it possible for mortuaries across this country to deny the right of a same-sex spouse to claim the body of their departed loved one. It splits up families and puts them on different continents, if one member of that family doesn't happen to be American.

You tell me, which harm seems more irreparable to you, Supreme Court? Is it the momentary fright of some stranger trying to steal a yard sign out of your yard, or is it crying in the waiting room while your partner dies alone because the hospital doesn't recognize your marriage?

The majority opinion is highly offensive because of that context. Since none of the majority was willing to sign their name to it, I think they realize that. I certainly hope this is not an indication of how this court will vote when this case eventually reaches the SCOTUS on appeal. I hope, but I'm not optimistic.

-Andy