August 5th, 2010

penguins dancing

Hooray for equal rights!

Prop 8 was ruled unconstitutional in California today!


CNN story HERE

Marriage in the United States has always been a civil matter.
Civil authorities may permit religious leaders to solemnize
marriages but not to determine who may enter or leave a civil
marriage. Religious leaders may determine independently
whether to recognize a civil marriage or divorce but that
recognition or lack thereof has no effect on the relationship
under state law.
~Page 60, Lines 6-12 of the final ruling

That one paragraph sums up exactly what I have always thought. The "God says it's wrong" argument is not a valid reason to make it illegal. If your God doesn't want gays getting married, then your church does not have to recognize the marriage. However, your church's view should have no influence on the legality. Hell, I don't expect the Catholic church to recognize my marriage, because I wasn't married in the Catholic church. But because I was legally married, I expect the gov't to recognize it. Just like if I'd had a church wedding but didn't get the legal papers, I would expect the church to recognize it even though the government would not see it as a legal marriage and would thus not recognize it.

If you want to read the entire ruling, you can get it HERE. 136 pages of awesome.


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.


Plaintiffs have demonstrated by overwhelming evidence
that Proposition 8 violates their due process and equal protection
rights and that they will continue to suffer these constitutional
violations until state officials cease enforcement of Proposition
8. California is able to issue marriage licenses to same-sex
couples, as it has already issued 18,000 marriage licenses to same-sex
couples and has not suffered any demonstrated harm as a result,
see FF 64-66; moreover, California officials have chosen not to
defend Proposition 8 in these proceedings.
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 clerk is DIRECTED to enter judgment without bond in favor of
plaintiffs and plaintiff-intervenors and against defendants and
defendant-intervenors pursuant to FRCP 58.



United States District Chief Judge

~Page 135, Line 14 - Page 136, Line 25