Mostly I’ve read the nascent court challenges to Prop 8 with a healthy dose of skepticism. Reading the comments, though, something dawns on me. I hesitate to give it voice, because my heart is hesitant to hope today, which is why I think I’ll take it for a spin here before setting it loose on my own blog.

In terms of setting precedent, and long term benefits, having Prop 8 be struck down by a court decision now might actually be better than if it had been defeated. Don’t get me wrong, right now I’d rather be spared the anguish. But, if this crazy plan works out, we could have in our hands a definitive affirmation by the highest state court that, at least in California, it is simply not permissible for one group to impose its will on minorities, at the expense of the latter’s basic rights. A general decree to that effect would be infinitely more powerful than never having that question addressed due to Prop 8 being defeated in the election. It would safeguard against dastardly behavior such as this on many fronts, not just Prop 8.

That doesn’t take away the sting of knowing that over half the voters decided we’re subhuman (LA County let me down, hard), and it’s a risky and uncertain road. But the fledgling hope that this lost battle can end up helping to win the war…it’s a small comfort on an otherwise chilly day.

But thank you.

I was going to say you can’t imagine, but actually you truly can (imagine) what all of us LGBT parents in this state thought, upon sight of our kids this morning (70,000+ of ‘em raised in our households). But their enduring love is powerful, powerful balm. As is the love so very very many of us all exchanged throughout this battle.

Who the hell knows what’s up. Looks like the San Francisco, the Los Angeles, and the Santa Clara City Attorneys are filing suit, too, along with NCLR, EQCA, and the ACLU, to invalidate the proposition. SF City Attorney Dennis Herrera:

“The issue before the court today is of far greater consequence than marriage equality alone,” Herrera said. “Equal protection of the laws is not merely the cornerstone of the California Constitution, it is what separates constitutional democracy from mob rule tyranny. If allowed to stand, Prop 8 so devastates the principle of equal protection that it endangers the fundamental rights of any potential electoral minority — even for protected classes based on race, religion, national origin and gender.

Truly, the constitutional precedent ranges from chilling to horrifying. We’d all need to look up the Mormon and Roman Catholic To Do lists, and then prepare for each of those items to be dispatched by proposition in rapid order, from next lowest-hanging fruit to next.

(But I guess love still WILL conquer all, even with the government against it. I’m so proud of what all you parents do for your kids in the face of adversity. No amendment will take THAT away.)

Am digesting the current outcome (a narrow overturning of Supreme Court ruling by popular vote), while awaiting the final, official outcome. Which may, or may not, or may, continue to mean that our Obama parade is rained upon. Though of course the parade still is happening.

m2inVT, they have yet to total the provisional and absentee ballots, which, if they mirror current results, of course wouldn’t change things. And if they didn’t, they might. Kate Kendall isn’t conceding and considers media reports of a “call” too early. Here are three relevant press releases today, from the NCLR site:

• Statement by No on Prop 8 Campaign on Election Status

Roughly 400,000 votes separate yes from no on Prop 8 out of 10 million votes tallied.

Based on turnout estimates reported yesterday, we expect that there are more than 3 million and possibly as many as 4 million absentee and provisional ballots yet to be counted.

• Legal Groups File Lawsuit Challenging Proposition 8, Should it Pass

The petition charges that Proposition 8 is invalid because the initiative process was improperly used in an attempt to undo the constitution’s core commitment to equality for everyone by eliminating a fundamental right from just one group lesbian and gay Californians. Proposition 8 also improperly attempts to prevent the courts from exercising their essential constitutional role of protecting the equal protection rights of minorities. According to the California Constitution, such radical changes to the organizing principles of state government cannot be made by simple majority vote through the initiative process, but instead must, at a minimum, go through the state legislature first.

• California Will Continue to Honor Marriages of Same-Sex Couples Who Married Before the Passage of Prop 8

So at the worst, we have 18,000 people in lifeboats paddling away from the Titanic. A mixed blessing indeed. At the best, the as-yet uncounted ballots — in the most optimistic of scenarios — actually defeat the measure, by a hair’s breadth.