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An exercise of unity by same-sex marriage proponents Just hours after leading hearings in San Francisco that could revoke thousands of same sex marriages, Kenneth Starr, who is representing proponents of Proposition 8, fielded questions from students at Pomona College on Thursday night about gay rights and his role in the controversial case being heard before the Supreme Court of California. Notorious for his role in leading the inquiry into President Bill Clinton’s affair with Monica Lewinsky, Mr. Starr was asked specifically his thoughts on why a slight majority should determine the rights of a minority and why he would not represent the minority in this case. In his response, Mr. Starr discussed the history of the referendum vote in the state and made the argument that the process for amending the constitution in California is not the most appropriate means of determining the law. “The Constitution of California has been changed by the initiative of the amendment process 500 times,” he explained. “Think about it. [That’s] more so than any other constitution, including taking away the rights of minorities.” Mr. Starr then referred to previous statements by deceased Chief Justice Stanley Mosk, who opposed the death penalty. “When the people spoke at the polls to reinstate the death penalty, Justice Mosk said, ‘What the people have done is callous. I look to the Age of Enlightenment when people will not allow people to knowingly take a human beings life. But the people of California do not share my values. Yet. That’s the answer. “And so the issue now before the Supreme Court of California is: Are you going to accept that by a Jurisprudence that is so long, 80 years old. Or, as was very ably argued by the other side, should you create an exception, an exception with respect to minority rights, in the context of a suspect classification. And we will see what the court says in 90 days.” Proposition 8 was passed in November by 52 percent of California voters, throwing 18,000 same sex marriages into legal limbo. The California Supreme Court is set to decide if those marriages will remain valid and whether to overturn the gay-marriage ban.
Mr. Starr, who serves as the Dean of Pepperdine University’s Law School, was invited to speak by the Pomona Student Union. Along with Erwin Chemerinsky, Dean of the new Law School at University of California Irvine, the 2 deans staged a mock debate on constitutional powers of the U.S. President in a hypothetical war situation. Mr. Starr was invited to speak before becoming involved in the Prop. 8 case. When asked why he would choose to represent a minority like violent death row prisoners rather than “a minority that who just wants to marry the one they love,” Mr. Starr responded, “because you are representing a particular cause doesn’t mean you are necessarily approving of that particular cause. “[In this case,] I was pleased to represent what I feel is a very important principle,” he added. “That is the sovereign power of the people. However you vote is to protect the sovereign right of the people, until we change that mechanism for amending the constitution.” After the debate, students gathered in the nearby Smith Campus Center quad to stage mock same sex weddings as a form of protest to Mr. Starr’s visit. Called “Wedding Under the Starrs,” the light-hearted event featured wedding cake and cider, music from an A cappella group and Mariachi band and several staged same-sex weddings. “We wanted to put together a demonstration that would affirm our rights and our relationships without sinking to the level of Prop 8 proponents like [Ken] Starr and others,” said Shakina Nayfack, Coordinator at the Queer Resource Center of the Claremont Colleges. “The students came up with the idea of an outdoor wedding and reception in front of the hall where Starr was set to speak. The idea was that to defend ourselves and fortify our community in the face of this insulting arrival by claiming space and performing our right to marry. “The passing of Prop 8 was a difficult and demoralizing event,” he added. “Quite frankly, many of us are tired of waving signs, marching, and chanting. We want to celebrate the vibrancy and resiliency of our community, and show to our allies and aggressors that our love is just as sacred as theirs.” — Tony Krickl |
