Prop 8 ruling: When law goes viral

August 4, 2010; Castro at Market

August 4, 2010; Castro at Market

It was cold, foggy, and even a bit drizzly all day, but yesterday was a beautiful day in San Francisco. I paced around the Federal Building on Golden Gate Street awaiting Judge Vaughn Walker’s ruling in the Perry vs. Schwarzenegger case on the constitutionality of Prop 8. Judge Walker had announced the ruling would come down between 1 and 3pm on Wednesday, August 4, and it would be delivered via the court’s Web site as well as in hard-copy at the Clerk’s office in the Federal Building.

But as I waited in line, sometime after 1pm my Twitter stream told me that Jeremy at Good As You got to it first.

Members of mainstream media channels (Reuters, KCBS) were waiting with me in line and scrambled around a bit disbelieving when I read from the pages that Jeremy had posted onto Scribd. Scribd was quick to confirm that this document had become its most viral document ever posted.

Although it’s wise, as a rule, to not take anything for “true” at first glance on Twitter, I don’t think anyone can say as a result which “official” broadcast called the decision first. I have a collection of tweets and text messages, but no real “announcement.” Sometime after 2pm, a cardboard box arrived at the Federal Building, and the handful of us still left in line got our copies of the Prop 8 opinion, still warm from the copier. It’s a great thing to have and hold, but the City was already partying by then.

This is what “viral” looks like. PS: This is also what “beautiful” looks like.

Prop 8 Trial Closing Arguments: What really separates you from me?

Charles Cooper and Judge Vaughn Walker: view from the overflow2 room

Charles Cooper and Judge Vaughn Walker: view from the overflow2 room

My wife and I arrived at the Federal Building an hour before the closing arguments began at 10am, but by then we were already number 30 in a line waiting to get into the overflow room. We were told the overflow room was full and only press could reserve passes. By 10am, the line to get in looked to be 150 people at least – and luckily they had opened an additional two overflow rooms.

So we had plenty of time while standing in line to talk to people around us.  Though we were mostly too full of nerves to talk, we did meet one really nice guy behind us in line and talked about the trial, and about how my wife and I wish we could just invite the people who don’t want us to marry over for cocktails so we could really talk to each other and see how we are alike and how we are different. He told us he’d also be honored to have us over to visit him and his wife.

We finally all got in to overflow room nr. 2 and Leanne and I tweeted the entire way till the trial concluded at 4pm.  (There were brief breaks — we rode the elevator UP with David Boies; we rode the elevator UP with Cleve Jones and Dustin Lance Black; we got to talk to the many great NCLR folks there… we felt starstruck).

Charles Cooper - speaking after intro from Andy Pugno (to his right) and before Ron Prentice (to his left)

Charles Cooper - speaking at press conference after intro from Andy Pugno (to his right) and before Ron Prentice (to his left)

There’s obviously much of record there and much to say about what Olson and Cooper and Walker said during the trial — and there’ll be much written elsewhere, now and for a long while to come — but to me the most amazing thing happened after the trial so I want to write this now.

Thanks to Marriage Equality USA’s Molly Mckay, we got into the press conference right after the trial. We immediately met the smiling man we had shared the “nr. 30” spot in line with before the trial, and he gave us a big hug.  I then asked him what his interest was in being there — “I work at the California Family Council and with Ron Prentice at Protect Marriage,” he said.  To my other side was Kate Kendell, tireless and amazing director of NCLR, and to this side was “the enemy.” And we were already friends.  It was an amazing and bizarre moment.

Olson: "Our clients - they're not plaintiffs, they're human beings who stand for everyone"

Olson: "Our clients - they're not plaintiffs, they're human beings who stand for everyone"

As I listened to “his side” talk at the press conference about the wrongs people like us were doing to people like my daughter, I kept receiving pictures on my cell phone of my daughter, who was at that moment twirling with a friend in the playground in the brilliant light. And he and my wife and I kept talking about our families, and re-extended the invitations to visit. We shared pictures of beautiful family. I thought about the truly thin line that separates “our side” from “their side” and what in the end we are really fighting for.  I felt like the future is a bright light toward which we run, and one day none of this will matter anymore.  We’ll be beyond.

When shall we learn what should be clear as day

We cannot choose what we are free to love

W.H. Auden

Where I Stand

Tomorrow at 10am, the California Supreme Court decides the fate of the legal challenge to Prop 8 and the fate of our marriages. I will be standing by the Court, waiting.

august 12, 2004

august 12, 2004

Where I stood five years ago:

six months ago tomorrow we were married in san francisco. yesterday, thanks to the california supreme court, we were unmarried. our baby girl is due to arrive in just over a week. our lawyer told us to run, not walk, down to register as domestic partners should our marriages become invalidated. we spent an excruciating and ultimately fruitless few hours today, nearly as much time as we spent getting married that valentine’s day, trying to second-class our union by registering as domestic partners (more)…

may 15, 2008

may 15, 2008

Where I stood one year ago:

On Thursday, May 15, it’s true, Bette Midler’s particularly brassy-voiced version of “Chapel of Love” was ringing through my head as I was running down Market Street trying to get to the California State Building by 10am, in time for the Supreme Court’s decision on In Re Marriage. (As you may remember,) It was a very hot day, and I was panting and sweaty by the time I reached the Supreme Court — not in good shape for my photo opp with Kate Kendell — but I was feeling surprisingly hopeful about the immediately pending decision on marriage (more)…

november 5, 2008

november 5, 2008

Where I stood six months ago:

Much has been written and discussed since November 4, 2008 in the attempt to sort out why our efforts in California against Proposition 8 failed to actually beat the proposition. We should of course study hard and learn from mistakes, and above all move forward with this momentum. But what continues to impress me the most is the collective spirit of giving — of all of your stories — that has taken place as a result of this profound effort (more)…

Where will I stand the day after tomorrow?

Where do you stand?

You are asked now, by your country, and perhaps by your creator, to stand on one side or another. You are asked now to stand, not on a question of politics, not on a question of religion, not on a question of gay or straight. You are asked now to stand, on a question of love. All you need do is stand, and let the tiny ember of love meet its own fate.

You don’t have to help it, you don’t have it applaud it, you don’t have to fight for it. Just don’t put it out. Just don’t extinguish it. Because while it may at first look like that love is between two people you don’t know and you don’t understand and maybe you don’t even want to know. It is, in fact, the ember of your love, for your fellow person just because this is the only world we have.

— Keith Olbermann