Saturday, August 14, 2010

US District Court throws out California Prop. 8

I was very disappointed back in 2008 when the state of California passed Proposition 8, which stated "only marriage between a man and a woman is valid or recognized in California." I opposed this proposition then and still do because I believe same-sex couples have a constitutional right to marry. Not only that, if you read the text of the ballot measure, it was clearly about more than just what constitutes the legal institution of marriage. How else do you explain anti-gay fear-mongering sentences like "...protects our children from being taught in public schools that 'same-sex marriage' is the same as traditional marriage" or "...the best situation for a child is to be raised by a married mother and father", or that if same-sex couples are allowed to marry it "...redefine[s] marriage for everyone else".

Fortunately Prop. 8 was challenged by two women and two men. Both couples sought to marry their partners but were denied marriage licenses because of Prop. 8. After reviewing the facts in the case (known as "Perry v. Schwarzenegger"), the U.S. District Court last week determined there was "overwhelming evidence that Proposition 8 violates their due process and equal protection rights". It was patently obvious to me Prop. 8 ran afoul of the 14th amendment and I'm glad the court sees it the same way. As a result of this ruling, same-sex marriages can again be performed in California as of August 18th. I am very happy for all of the gay and lesbian couples who can finally exercise the same rights we straight people have reserved for ourselves all these years.

The full text of the case findings and other relevant information can be found at the official case website. There is also a fairly extensive wikipedia article on the subject.

Duane Harkness

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