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New York — They were celebrating in the Castro district of San Francisco Monday after Milk, a film about one of the iconic figures of the gay-rights movement, took home two major awards at the Oscars.
Many gay advocates are hoping the win adds momentum to their cause as the California Supreme Court prepares to consider the legality of Proposition 8, which banned gay marriage in the state.
“For our community in California, it was a significant blow to have the right of marriage taken away,” said Paul Boneberg, the executive director of the Gay, Lesbian, Bisexual Transgender Historical Society, which is based in San Francisco. “It makes this victory at the Oscars very welcome, and very much needed.”
The court will hear arguments on the legal challenge to Proposition 8 on March 5. But even if the measure is repealed, same-sex marriage as enacted in numerous foreign countries and two states is unlikely to become a reality across the entire United States.
Sean Penn won the Oscar for best actor for his role in Milk
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- firstshowing.net: Sean Penn's acceptance speech
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- Oscars 2009: Complete coverage, trailers interactives and more
Even as he spoke of his own dream of marrying, Dustin Lance Black, the openly gay screenwriter who picked up an award for Milk, spoke only of hoping for “equal rights federally,” which usually translates as civil unions.
Federally mandated rights seem unlikely. Marriage in the United States is regulated by the states, leading to a patchwork of laws that effectively bar even same-sex couples married in one state from having their union recognized in many others. Massachusetts and Connecticut are currently the only two states performing marriages. Same-sex couples married in foreign countries are recognized in New York and New Mexico, though those states do not perform gay marriages.
Still, the lavish and high-profile Oscar ceremony, seen by more than 40 million viewers across North America and tens of millions more across the globe, was the most visible event in years to highlight gay rights.
Thousands gathered in San Francisco to watch the broadcast at an annual HIV/AIDS fundraiser at the Fort Mason Center, and at the Castro Theatre, a few kilometres from where Harvey Milk was assassinated by a colleague in November, 1978.
“Anything that puts us front and centre is helpful,” said Bevan Dufty, the San Francisco politician who represents District 8 on the city's board of supervisors, the seat once held by Mr. Milk.
In featuring moments from Milk, Sunday night's Oscars became one of the first to include scenes of men kissing in a movie. The broadcast – laughingly dubbed “the gayest Oscars ever” by the website Gawker.com – was produced for the first time by the openly gay feature film director Bill Condon ( Dreamgirls, Kinsey).
Clutching his statuette, Mr. Black spoke movingly of his upbringing in a strict Mormon household and of his mother's acceptance of his sexuality when he came out as a teen.
Many Hollywood watchers suggested the Academy of Motion Picture Arts and Sciences gave Sean Penn the top award for his portrayal of Mr. Milk over sentimental favourite Mickey Rourke in part to bring attention to the continuing fight against Proposition 8, which has sharply split California.
The ballot measure passed with 52 per cent after tens of millions of dollars flooded into California from business and religious leaders in other states. Conservatives picketed the Kodak Theatre, where the Oscars are held, in support of Proposition 8.
Mr. Penn criticized the protesters and others who supported the gay marriage ban, and paid tribute to the election of Barack Obama, whom he called “an elegant man.” While President Obama said during the campaign last year that he would repeal the federal Defense of Marriage Act, which permits states to ignore civil unions authorized by other states, he opposes same-sex marriage.
The celebration of Mr. Milk's life carries a historical echo of the nasty fight over a previous anti-gay initiative in California. In 1978, the ballot measure known as Proposition 6 sought to ban homosexuals from teaching in the state's public schools. Three weeks after Mr. Milk successfully helped defeat the proposed legislation, he was gunned down.
While the right-wing blogosphere and talk radio lit up in predictable anger over the gay-friendly Oscars and supporters of Proposition 8 girded for next week's fight, Mr. Boneberg said true gay marriage might not be as far away as some would think.
“In California, the sodomy laws were repealed in 1975,” he said. “If you look at the progress made in the last 30 years, I think it's completely fair to say in the next 30 years we will have full equality in marriage.”
