Thursday, August 5, 2010

CA Prop 8 Ruled Unconstitutional

"I leave you, hoping that the lamp of liberty will burn in your bosoms until there shall no longer be a doubt that all men are created free and equal." ~Abraham Lincoln

Chief U.S. District Judge Vaughn Walker overturns CA Gay Marriage Ban, with some strong language, ruling "Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses."

The Court's Conclusion:

"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."

This is good news that we are moving ahead in having equality for all. This Federal Court decision is being called an historic decision and although the ruling will likely be appealed it is really beside the point, as gains have been made. It was shocking to many of us Californians, young and old, that Prop 8 even passed, but many say we can thank the Mormon Church for that television ad campaign that aired several times a day with false information.

I just read a poll released by the Public Religion Research Institute and the results show that Prop 8 would not pass today ... so there seems to be hope that gays and lesbians will have their equal treatment in our country in the near future. I have also found it rather interesting that East Coast states and Iowa have been more progressive than the allowing gay marriages. Even many other countries are ahead of us in this regard.

It could be so nice when citizens of our country can dissolve prejudices and biases in all areas of life: race, culture, sexuality, and religion. Our social climate is changing but we do have a ways to go.

The two excellent lead attorneys for the gay couples were Ted Olson and David Boies, who were on opposite sides of a legal battle between George W. Bush and Al Gore over the results of the 2000 presidential election but joined forces in representing the plaintiffs in this lawsuit. Kind of ironic, huh? Yet, when I first heard they were on the case I was optimistic.

In May of 2009, Ted Olson stated, "We are two lawyers from opposite ends of the political spectrum who have come together to support one of the most important issues of our time, is not about liberal or conservative, Democrat or Republican. We're here in part to symbolize that."
And at that time David Boies said, "Our Constitution guarantees every American the right to be treated equally under the law. There is no right more fundamental than the right to marry the person you love and to raise a family."

Read full transcript of the Court's Decision.


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