Can Proposition 8 Save Lives?

January 13, 2010

Hi folks,

What a waste to have another life lost to domestic violence. Norma “Leti” Martinez died after allegedly being run over by her girlfriend, Jennifer Bautista. The facts of the case are still vague, but what is known is that Ms. Bautista filed a restraining order against Ms. Martinez about a year ago that was granted and were known to have had a violent and abusive relationship. Another life lost to domestic violence and I have to ask why? How could this have been prevented? Did the fact that they were a same sex couple have anything to do with further barriers they faced to receiving services that could have prevented this death? And if they did have services that they could have accessed, would they have had equal access to justice through those services, the same access to justice that heterosexuals would receive? Domestic violence occurs in roughly one-third of intimate relationships, regardless of sexual orientation. But while there are barriers to services that help heterosexual victims of domestic violence, wouldn’t there be even more hurdles for LGBTQ victims of domestic violence. Put another way, could we have somehow as a society prevented this death?

Ironically, discussion about this domestic violence tragedy comes as the US District Court in San Francisco weighs in on the constitutionality of Proposition 8, which added language to the California Constitution that says that “Only marriage between a man and a woman is valid or recognized in California,” effectively banning and making illegal same sex marriages. Of course they can have domestic partnerships, a sort of marriage that is separate, but equal in the eyes of the law. And yet, another obstacle for an already ostracized community. This immense effort to provide GLBTQ community with equal rights beckons the question: what kind of effort would it take for a lesbian in a domestic violence relationship to come out doubly to friends, family and a greater society that already views her relationship as a second tier, one already not worthy of equal protection and understanding under the law. What kind of effort must it be for a gay couple to seek services that address domestic violence? How difficult it must be for members of this community to seek the same kind of attention for domestic violence that impacts their members.

For community members who are not in actuality seen as equals, how might they overcome victimization from domestic violence? Not without a societal sea change would we be able to offer them the same kinds of life-saving services that we provide now to women and men who have left life-threatening relationships. In the same way that we have started to recognize the rights of immigrants and sought to help immigrant victims of domestic violence, a once invisible population of victims, now we should recognize the rights of same sex couples, that they have a right to marry and that they have a right to the same unfettered access to justice and services that help them leave life-threatening, violent and abusive relationships.

To do this, legislators need to acknowledge that there are communities in their jurisdictions where individuals do not enjoy equal access to what we consider inalienable and undeniable rights. But for them to acknowledge this, they need to hear it first from you. I urge you to contact your local congressperson and ask them what they are going to do in order to prevent any other domestic violence deaths, from the GLBTQ community and from the community at large.

Peace,

Kathleen