Thursday, August 5, 2010

A GREAT DAY IN CA

Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed the evidence shows Proposition 8 does nothing more than enshrine in the California constitution the notion that opposite sex couples are superior to same sex couples.Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.

...Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8.

The ruling has been made, the decision based on equal protection appears to be well supported and constitutionally sound (according to experts.)  It is, as I believe it should be, based on the fact that marriage is and has been a civil matter.  Religion comes into it only when the couple wants to add that element to their celebration.  I did not have a religious ceremony.  I had a civil ceremony.  

And I further agree that  "Domestic partnerships lack the social meaning associated with marriage, and marriage is widely regarded as the definitive expression of love and commitment in the United States.
The availability of domestic partnership does not provide gays and lesbians with a status equivalent to marriage because the cultural meaning of marriage and its associated benefits are intentionally withheld from same-sex couples in domestic partnerships."

"Permitting same-sex couples to marry will not affect the number of opposite-sex couples who marry, divorce, cohabit, have children outside of marriage or otherwise affect the stability of opposite-sex marriages."

                                          
 Thank you Judge Walker!

4 comments:

Lisa said...

Great news. And the rest of the country is celebrating this symbolic ruling.

Mrs. G. said...

We did some serious WHOOPING at our house. A good day!!

knittergran said...

I hope the day will come when what the judge has decreed will be just the way it is, no questions, no argument, just is.

michiganme said...

Your great day made for a great day in Michigan. Justice does prevail. MIME