On election night, I was less anxious about who would become president than about whether a certain little girl could marry her princess.
I'm talking about the little Latina girl in the California "Yes on 8" commercials, who comes home from school to tell her mommy about a fairy tale in which a prince marries another prince.
"And I can marry a princess!" she cheerfully announces, prompting a worried look from her mother and a voiceover in which a law professor warns that if gay marriage isn't stopped, parental rights will be trampled.
Statistically speaking, the chances that she'll want to marry a princess are low. In any case, reading the "wrong" fairy tales won't alter her sexual orientation. If books had that sort of influence, every Cinderella would grow up to desire a Prince Charming and vice-versa.
In the real world, some Cinderellas fall in love with other Cinderellas; some princes fall in love with other princes. In California, they may be allowed to live happily ever after, but they won't (for the time being) be allowed to get married. Prop. 8 passed 52-48%, after a $74 million battle. (A similar measure passed in Arizona, and Florida voted to prohibit not just same-sex marriage but also civil unions and domestic partnerships.)
I say "for the time being" because nobody expects this to be the end of the story. California same-sex couples will continue to receive the statewide legal incidents of marriage via domestic partnerships. Meanwhile, other states, mainly along the coasts, will recognize same-sex couples: some with domestic partnerships, some with civil unions, and a few with outright marriage.
Eventually, this hodgepodge will prove legally unwieldy, or socially inconvenient, or morally embarrassing-probably all of the above-and California will revisit the marriage question. If trends continue, marriage equality will someday win the day.
In the meantime, what difference does it make if princes and princes can only have "domestic partnerships" but not marriage?
It makes a difference in two important ways. The first is legal: because of this amendment, a same-sex couple married in Massachusetts (for example) will have absolutely no legal standing when traveling through California. The text is clear: "Only marriage between a man and a woman is valid and recognized in California."
Since our Massachusetts couple has marriage, and not "domestic partnership," the Golden State would treat them as nothing more than roommates-which could prove devastating in an emergency situation.
As the law professor intones in that "Yes on 8" commercial: "Think it can't happen? It's already happening." The hodgepodge of legal statuses for same-sex couples has proven a legal nightmare for those who travel or relocate.
The second difference is less tangible but just as powerful: the cultural significance of marriage.
Here we saw a fundamental tension in the "Yes on 8" message. On the one hand, they argued that since gays had "all the rights" of marriage, there was no reason to demand the word itself. On the other hand, their tenacious fight to keep the word exclusive attests to its significance.
Because, you see, princesses don't dream about someday "domestically partnering with" the person they fall in love with. They dream about marrying him-or, in a minority of cases, HER.
To that minority, 52% of California voters sent a discriminatory message: you are not good enough for marriage. Your relationships-no matter how loving, how committed, how exemplary-are not "real" marriage.
One thing that opponents and supporters of Prop. 8 agree on: "real" marriage transcends state recognition of it. And that's another reason why this debate will continue. Because it's not just a debate about what California should or should not legally recognize. It's also about what sort of relationships are morally valuable, and why.
Notably, same-sex relationships were virtually invisible in the "No on 8" campaign. I assume that's because campaign research showed that images of gay couples don't resonate with undecided voters.
Maybe that's true in the short run. But in the long run, people are far more likely to support gay rights when they know gay people and see the palpable ways in which marriage matters to us.
Moving forward, then, we gay and lesbian citizens need to tell our stories. We need to show that gays, like everyone else, want someone to have and to hold, for better or for worse. We need to show that when we find such relationships, it's a good thing-not just for us but for the community at large.
We need to explain that we are not interested in confusing children, or in forcing princesses on little girls who don't want them. But we also need to show that girls who grow up to want princesses deserve to live happily ever after, too.
If trends continue, we will someday make that case-in time for that little girl to marry whomever she chooses.