Proponents of Proposition 8 might have scored a great victory for civil rights.

After watching a segment on MSNBC yesterday I felt compelled to make an additional statement about Proposition 8.

Tuesday was a sad and disappointing day for scores of gay men and lesbians, their families, and supporters of equality everywhere. In case you did not already know the California Supreme Court ruled to uphold Proposition 8, a measure that amended the state Constitution to define marriage as only between a man and a woman. I’m sure it was also a jubilant moment for those who consider homosexuality to be a sin and a relief for those concerned about the safety of their children. For the time being they can rest assured that their little ones will not be traumatized by the possibility that the gay parents of their schoolmates might tie the knot.

If you are someone who has been alienated by the decision, or just someone with a strong belief in equality, you shouldn’t be too upset with those who voted for Proposition 8 just yet. You might have a reason to thank them. You probably already know that Theodore B. Olson and David Boles, the attorneys who argued Bush v. Gore have filed a lawsuit in federal court. Theirargument is that Proposition 8 is a violation of the Equal Protection Clause found in the 14th amendment to the U.S. Constitution.

Who knows how this will turn out? The Supreme Court may decide that this should remain a state issue and refuse to even hear the case. It will then go back to being a state-by-state battle. However, there is some precedent that suggests the Justices could take an entirely different road. In 2003 the Supreme Court voted 6-3 to overturn a Texas statute that prohibited “homosexual sodomy” using the 14th amendment. If the Supreme Court uses similar reasoning to overturn proposition 8, same-sex marriage would become legal everywhere in the U.S. This could be the next, Rowe v. Wade. The worst fears of those opposing same-sex marriage would be realized, and “Yes on 8” voters would be largely responsible for making true equal treatment under the law a reality much faster than it would have happened without them.

If the U.S. Supreme Court invalidates Proposition 8, I promise not to make remarks about anyone shooting themselves in the foot even if my occasional tendency towards sarcasm begs me to do it. I won’t do it because I believe a majority of the “yes” voters were not unkind people at all but simply afraid or misinformed. Also, I don’t want to become someone who argues for compassion and respect but then does not show those qualities.

Instead I will say this. If the federal case against Proposition 8 succeeds I hope it sends this important message even if it only reaches a few people. It is perfectly acceptable to assert your religious or philosophical opinion. For example, I might discuss the fact that I don’t believe in anyone’s God or religion in a blog or have a friendly debate with a friend. This is freedom of speech. I might not agree with your choice to worship something I consider to be a mythology, but you had better believe I will be among the first in line to defend your legal right to do so. However, the moment you start using religious or philosophical dogma as an excuse to harm and disenfranchise other people you have crossed a line that won’t be tolerated under the law.

If we all lived on the Starship Enterprise, we wouldn’t be having this debate. Ok, now I am just getting silly and a little cranky. It’s time to stop.

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