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My Highlights from the Proposition 8 Decision

August 5, 2010

The court decision that ruled unconstitutional Proposition 8 – a ballot initiative which banned same sex marriage in California – has no shortage of online coverage and commentary. Seriously, just google news & blog search it; you don’t need additional comments from me. Instead, I’m highlighting a couple of the passages that make me all happy.

I have a warm fuzzy feeling about the following passage that is almost indecent:

Many of the purported interests identified by proponents are nothing more than a fear or unarticulated dislike of same-sex couples. Those interests that are legitimate are unrelated to the classification drawn by Proposition 8. The evidence shows that, by every available metric, opposite-sex couples are not better than their same-sex counterparts; instead, as partners, parents and citizens, opposite-sex couples and same-sex couples are equal. Proposition 8 violates the Equal Protection Clause because it does not treat them equally.

Yeah, I know, there’s a stay on it so nobody can go get married just yet. But still. Here are a few more lines I liked:

Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians.

Proposition 8 thus enshrines in the California Constitution a gender restriction that the evidence shows to be nothing more than an artifact of a foregone notion that men and women fulfill different roles in civic life.

The right to marry has been historically and remains the right to choose a spouse and, with mutual consent, join together and form a household. Race and gender restrictions shaped marriage during eras of race and gender inequality, but such restrictions were never part of the historical core of the institution of marriage. Today, gender is not relevant to the state in determining spouses’ obligations to each other and to their dependents. ..Gender no longer forms an essential part of marriage; marriage under law is a union of equals.

Christine has her own favorite passage and additional coverage over at Our Bodies Our Blog.

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