Wednesday, August 4, 2010

Prop 8: Update

Hopefully I'm leaving California on an up note. Here's one good sign: today a federal judge ruled that Prop 8 is unconstitutional. I downloaded the 138 page ruling and it looks like pretty interesting reading. Some key statements by the judge include:

"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."

And:

"A private moral view that same sex couples are inferior to opposite-sex couples is not a proper basis for legislation."

Of course, Prop 8 supporters are appealing the decision and this will eventually be decided in the US Supreme Court, which is where both parties pretty much want it to go as it would strike down or support all these other laws discriminating against gays and lesbians in various states. I'd like to remain optimistic and hope that federal judges will stay on the side of equal rights for all.

I remember when Prop 8 was on the ballot in 2008 and when the girl and I went to a rally protesting California's Supreme Court's upholding of Prop 8 in 2009. I remember being so appalled by these blatantly discriminatory efforts to legalize segregated rights. I certainly hope we look back on this as an embarrassing part of our history like we do on previous similar efforts. But now there is a part of me that thinks that Prop 8 could be a blessing in disguise if this goes all the way to the US Supreme Court and justice prevails on equal rights for all.

Keeping my fingers crossed.

1 comment:

Pound said...

when i read about this i was going to text you! dropped the ball, but yay!!!