Video: Eva Paterson, Tobias Wolff Talk on Prop. 8 at Hammer Forum

Eva Paterson and EJS board member Tobias Barrington Wolff appeared at the Hammer Forum on Sept. 10 to discuss the uncertain future of marriage equality in California. While more states move to legalize same-sex marriage, California has instead eliminated this right with the passage of Proposition 8.

Tobias Wolff: ‘Are Liberties Subject to Majority Vote?’

In an excellent op-ed published in today’s San Francisco Chronicle, EJS board member Tobias Wolff summarizes the core issues facing the Calif. Supreme Court as it considers overturning Prop. 8.

Tobias, a constitutional law professor at U. Penn., rebuts Ken Starr’s argument that Prop. 8 should be considered an amendment rather than a revision to the state constitution, arguing that to agree with the Prop. 8 proponents’ arguments would pave the way for “any protected minority to have its fundamental rights taken away whenever a bare majority wishes to do so.”

In explaining why the structural provisions of the Constitution are so important and deserve special treatment, Starr let slip a reference to what the structural protections of government are actually for: They are designed to safeguard liberty. Therese Stewart, the lawyer for the city of San Francisco, went on to frame the issue succinctly: If we protect the structures of government but leave all liberties to simple majority vote, then we are safeguarding the moat while allowing the castle to burn down.

Read the full op-ed here.

Rev. Rick Warren and the Question of Challenging our New President

 

Just as the Equal Justice Society was last month closing up shop for the year, two of our beloved board members, Tobias Wolff and Kate Kendell, blogged about their opposition to Rev. Rick Warren’s selection by President-Elect Obama to deliver the invocation for the Jan. 20 inauguration ceremonies.

Read Tobias’s “The Voice That Will Inspire” on the Huffington Post and Kate’s “Not a Disagreement among Friends…” on the NCLR blog.

You can also read them together on the same page.

Tobias, a law professor and civil rights lawyer, served as the chief advisor and spokesperson on LGBT issues for Barack Obama throughout campaign. Kate is the executive director of the National Center for Lesbian Rights and a key leader in the marriage equality movement.

EJS’s strong support for LGBT civil rights most recently included opposition to California’s Prop. 8 and, following its passage, support for legal action to overturn the initiative.

In addition to our opposition to Rev. Warren’s role in the inauguration ceremonies, we discussed internally how this issue sparks new questions for us on the best way to simultaneously support the Obama Administration’s overall efforts while vigorously opposing decisions that we believe are fundamentally and ideologically wrong.

In contrast to the relative ease in opposing the Bush Administration’s agenda, we find it uncomfortable to oppose a decision by President Obama in whom we have the highest aspirations and in whose administration we wish only great success.

But there will surely come another time when we will disagree or be disappointed. No one person can solve or even lead the way to solving every social injustice. EJS exists to move a social justice agenda forward, to partner with key allies and to hold accountable our leaders—no matter who they may be.

What is the best way to challenge President Obama on certain key issues? Do we register our protest and move on? Or do we keep pushing … and how much?

We throw these questions out to you. Please read Tobias’s and Kate’s thoughts on the issue and share your comments with us here.