Wednesday, August 4, 2010

Run for Your Lives! Prop 8 Ruled Unconstitutional

The streets are going to be covered in glitter! Our marriages are tainted! Family values are over as we know it!

Being real, this is great news.

Judge Walker for the win:

In the absence of a rational basis, what remains of proponents' case is an inference, amply supported by evidence in the record, that Proposition 8 was premised on the belief that same-sex couples simply are not as good as opposite-sex couples. FF 78-80. Whether that belief is based on moral disapproval of homosexuality, animus towards gays and lesbians or simply a belief that a relationship between a man and a woman is inherently better than a relationship between two men or two women, this belief is not a proper basis on which to legislate.


The arguments surrounding Proposition 8 raise a question similar to that addressed in Lawrence, when the Court asked whether a majority of citizens could use the power of the state to enforce "profound and deep convictions accepted as ethical and moral principles" through the criminal code. ... The question here is whether California voters can enforce those same principles through regulation of marriage licenses. They cannot. California's obligation is to treat its citizens equally, not to "mandate [its] own moral code."

The ruling of course will face more opposition, but it is a lovely thing to see rationality in what has been an mostly irrational debate.

I am Frank Chow and I approved this message

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