Prop 8 protest held in San Jose

May 26, 2009 12:00:00 AM PDT
The outrage over the Supreme Court's decision to uphold Prop 8 continued in San Jose, where hundreds gathered in Cesar Chavez Park in protest.

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Prop 8 opponents gathered in San Jose Tuesday night opposing the court's ruling, but the fight for equality could be a lengthy one, that requires getting voters involved again.

The call for equality filled the streets of downtown San Jose when hundreds marched for the right to marry, regardless of sexual orientation.

"It's heartbreaking. I mean we'll keep fighting the fight but for now I feel great sadness," said Connie Slemmer, who is in a same-sex marriage.

The state Supreme Court ruled Slemmer's marriage to Damaris is still valid. However, if they were to move to a state that didn't recognize same-sex marriage, their marriage would not upheld and vice versa. If a couple married in Massachusetts where same-sex marriage is legal, California would likely not recognize it.

"I hate it. It's wrong on every level," said Lori Hayter-Johnson, who is in a same-sex marriage.

"I would predict in some number of years Prop 8 is going to get reversed," said Stanford law Professor Jane Schacter.

Professor Schacter is the author of Sexual Orientation and the Law. She says the best way to reverse Prop 8 now is through a state ballot measure.

"The other way for it to change, and I wouldn't look for this any time soon, would be if the U.S. Supreme Court ever decides as a matter of federal constitutional law that every state must respect same-sex marriage, There's no sign that's going to happen anytime soon," said Schacter.

Strong feelings on both sides of Prop 8 will also not subside anytime soon. One Yes on 8 supporter attended the San Jose rally.

"If they want to bring it out into the streets and put it in my face, I'm going to bring it out in the street and put it in their face. It's freedom of speech," said Ron Laney, from the St. Joseph's Men Society.

That's one freedom, not up for debate.

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