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Wednesday, August 4, 2010

A Legal Happy

I haven't paid this much attention to my blackberry since my maternity leave began. The federal judge who heard the challenge to Proposition 8 which banned gay marriage in the state of California was handing down his opinion today and I couldn't wait to see what he ruled. And YAY!! he found Proposition 8 unconstitutional.

And of course it is. As Judge Walker wrote in his 136-page opinion which lays out "in precise detail why the ban does not pass constitutional muster": "Because Proposition 8 disadvantages gays and lesbians without any rational justification, Proposition 8 violates the Equal Protection Clause of the Fourteenth Amendment." He also notes that the law "fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license." And you don't get to do that. You don't get to deny a group of people a right conferred by our secular government just because you don't like them or because you think the Bible tells you to do so. You just don't. And that's a fantastic thing about our constitution. It's why separate but equal doesn't still exist in certain states, it's why laws against interracial marriage were struck down by the Supreme Court (and, side note, the supporters of those marriage bans also used religion and the supposed negative effects on children as justification for them, arguments that have reappeared in today's debate), and why, I think, sometime in my lifetime gay men and women will be allowed to get a marriage license from their city clerk.

So I'm happy. It's a good opinion. I continue to completely not understand those who support measures to legalize hate and seek to deny a government right, a right that comes with a myriad of legal benefits, to a certain group of people who just to be able to get married. And I nervously wait to see what the Supreme Court ultimately does with the case.

13 comments:

  1. I'm nervous to see what the Supreme Court does too, but in the meantime, I'm going to enjoy one of those days where my faith in the legal profession and judicial system is completely restored!

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  2. I always love what you have to say in your blog, but this one has to be one of the best. It's like LEO said, it's nice to have a day every now and then where your faith can be restored in the system.

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  3. I was ecstatic when I saw this today. yay!

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  4. I can usually see both sides of an argument, but I can't on this issue. It's as simple as equal protection under the law and the separation of church and state.

    On a side note, two gay friends of mine got engaged yesterday in celebration. They live in MA anyways, but it's a about time the rest of the nation starts to fall in line.

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  5. A good day!

    I agree with what Downsized Attorney said. It was a senseless law from the beginning and I'm not sad to see it go.

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  6. You have always been one of my favorite bloggers, and now I think I have a legit girl crush on you. (lesbian joke intended). HA.
    I agree - I was SO GLAD he ruled the way he did. yay!

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  7. I haven't read it yet, but apparently sexual orientation = suspect class?! Awesome!

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  8. There was a great letter to the editor in the LA Times today (8/6) which you can get online, which essentially said that he had been married for 54 years and he doesn't think anyone is qualified to talk about the sanctity of marriage unless that person has been married for at least 50 years. His opinion was that his wonderful marriage is in no way harmed or impacted by other people's efforts to get married. Which is essentially what my dad says: "How does two people seeking happiness affect my marriage [58 years!]and why should I deny them the opportunity to enjoy what I have enjoyed?"

    Unfortunately, the pro-8 effort was strongly pushed by the LDS church which poured millions into CA PACS (so they don't have to report it) The judge heard a lot of evidence about how gay parents do not make gay kids at any higher rate than anyone else, that gay people stay married at a higher rate than the general population, etc. so that is at least all on the record. I am ashamed, frankly, that we have wasted judicial resources on this and will have to continue to do so. It should have been stopped before it went on the ballot. But I don't see how anyone can uphold this vote-- of COURSE you cannot vote to discriminate!
    Judge's opinion is here:
    http://www.scribd.com/doc/35374462/Prop-8-Ruling-FINAL
    and letter to editor is here, about the 4th letter down:
    http://www.latimes.com/news/opinion/letters/
    (I hope it's OK to put in links....)

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  9. I loved your post and totally agree! I'm happy for my son and all my gay friends. I know it's not the end of this argument, but it's a great step on the way to equality.

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  10. I think this is a huge step forward :)

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  11. I really enjoyed your post and agree fully! It's time this change was implemented- long over due!

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  12. I'm glad these changes have been made, it is certainly good for the state

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