Tuesday, February 07, 2012

Appeals Court (Also) Declares Prop 8 Unconstitutional

Wonderful news out of San Francisco today as the 9th Circuit U.S. Court of Appeals ruled that Proposition 8 -- the voter-approved ban on gay marriage in California -- violated the Constitution. (Are you listening, Chris Christie?)

“Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different people differently,” Judge Stephen Reinhardt wrote in the decision. “There was no such reason that Proposition 8 could have been enacted.”

“All that Proposition 8 accomplished was to take away from same sex-couples the right to be granted marriage licenses and thus legally to use the designation ‘marriage,” the judge wrote, adding: “Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gay men and lesbians in California."

While this is unquestionably a victory, an appeal to the U.S. Supreme Court is all but assured, and I don't think anyone who isn't a bigot doesn't like the makeup of that bunch. Well, anyone except lead lawyers David Boies and Ted Olson, who seem confident they could make their case to Roberts & Associates. I've just exhaled and now I'm already (not) holding my breath ...

3 comments:

Unknown said...

PROGRESS!

irisgirl said...

I'm hoping this will encourage certain of my Illinois legislators to revive their plans to push for moving the Land of Lincoln from civil unions to full marriage equality!

James Greenlee said...

The Supremes have the option of not hearing the case. I don't know which way I want it to go.