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Thursday, August 5, 2010

Same Sex Marriage


U.S. District Chief Judge Vaughn R. Walker in San Francisco decided yesterday that gays and lesbians have a constitutional right to marry, striking down Proposition 8, the voter approved ballot measure that banned same-sex unions. Now 52 million of the 306 million U.S. citizens live in states where same sex marriage is legal--17% of the population live in such a state. The 37 million Californians contribute significantly to this number, and that is why this is important beyond the fact that social justice matters. Let tolerance reign.
Judge Walker said Proposition 8, passed by voters in November 2008, violated the federal constitutional rights of gays and lesbians to marry the partners of their choice. His ruling is expected to be appealed to the U.S. 9th Circuit Court of Appeals and then up to the U.S. Supreme Court. Oh well.
"Plaintiffs challenge Proposition 8 under the Due Process and Equal Protection Clauses of the Fourteenth Amendment," the judge wrote. "Each challenge is independently meritorious, as Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation."

Vaughn added: "Plaintiffs seek to have the state recognize their committed relationships, and plaintiffs’ relationships are consistent with the core of the history, tradition and practice of marriage in the United States.“
Ultimately, the judge concluded that 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 Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.”
How can anyone disagree with this? I am relieved by this decision. It gives me hope that forward progress is possible. I am especially thankful for the gay children that I know, who may be able to reach adulthood in a country that will afford them all the rights and privileges of straight citizens. It is a matter of basic human rights.

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