The poem below first appeared on this blog on February 26, 2004, during the period when then San Francisco Mayor (now Lieutenant Governor) Gavin Newsom unilaterally directed the City of San Francisco to license same-sex marriages. That original post had a tentative "do I dare" quality to it that irks me a bit now, though that tone was more or less consistent with the tenor of the time in which it was written andmight serve as a marker for how the times have changed. The poem itself is something of an oddity, bringing a light verse form to bear on a subject of some little seriousness, but I still like it eight years on.

Back in 2004 the California Supreme Court ruled within a month that the City of San Francisco had no legal authority to license marriages not specifically authorized by state law, but it also invited the City to challenge the limitations of those statutes in court. The City did, and that case eventually worked its way through the system and back to the court that suggested it. Four years ago today, May 15, 2008, the California Supreme Court declared in In re Marriage Cases that the restriction of marriage to couples of differing genders was impermissible under the California Constitution. On that same day four years ago it seemed appropriate to republish, and I did, with less circumspection than on the first time round.

In the ensuing four years, the voters of California have amended the state's Constitution via Proposition 8, for the express purpose of reversing the state Supreme Court's decision. That Court has confirmed that the constitutional amendment was lawfully adopted and is binding upon it, so that there is no longer a state-constitutional basis for an expansive definition of marriage. Quite the opposite in fact: the state constitution is now explicit in defining marriage as strictly a man-woman arrangement. A challenge to Proposition 8 under the U.S. Constitution has since produced decisions in the U.S. District Court and from a three-judge panel of the Ninth Circuit Court of Appeals finding the Proposition constitutionally impermissible. The outcome of the challenges to Proposition 8 remains inconclusive, however, pending further en banc review by the Ninth Circuit and an expected/inevitable petition to the U.S. Supreme Court.

Given that I have republished it on a rough four year cycle, and given that the President of the United States made his views on this subject explicit suring this past week, the time seems right to roll these verses out again, so roll them out I shall:

~~~

Epithalamium

I

Hymen, Hymenaeus!
Gay men and lesbians
Flock to the City Hall,
Follow their bliss,

Purchase their licenses,
Swear to their permanence,
Pose for the camera crews
Sharing a kiss.

II

Damned, sir?  They’re damned, you say?
Possibly, possibly:
Love has led millions to
Suffer a Fall.

That’s for the next world, sir;
Here with the living -- well,
What was it Chaucer said?
“Love conquers all.”

III

Poets, sir. Love poets.
Some of the best have been
Gay, sir.  Consider this
List I’ve compiled:

Wystan Hugh Auden and
C.P. Cavafy and
Sappho. James Merrill, Thom
Gunn, Oscar Wilde.

IV

Legally, legally,
Should an impediment
Rise to the marriage of
Minds that are true?

Sure as there’s only one
Race, sir -- the human race --
How would you feel if it
Happened to you?

V

Citizens, citizens,
Leave to your churches these
Questions of sanctity,
Tough and profound.

Secular governments
Ought to facilitate
Binding of lovers who
Yearn to be bound.

VI

Hymen, Hymenaeus!
Cleave to the one who’s your
Heart’s true companion, the
Thou to your I.

Now, when the times are so
Fearsome we all must, as
Auden says, “love one a-
nother or die.”

~~~