From Pine View Farm

California Proposition 8 Ruled Unconstitutional (Updated) 0

It’s a district court ruling and will undoubtedly be appealed.

(Judge) Walker, however, found it violated the Constitution’s due process and equal protection clauses while failing “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,” the judge wrote in his 136-page ruling.

He also said proponents offered little evidence that they were motivated by anything other than animus toward gays – beginning with their campaign to pass the ban, which included claims of wanting to protect children from learning about same-sex marriage in school.

Vivian Paige has posted the ruling itself.

As I have said before, nothing that happened between another couple, gay or straight, affected either of my marriages. We managed to mess them up quite well without outside help, thank you very much.

The notion that giving gay folks the joy of marriage (and, he added cynically, the fun of divorce court) somehow does anything to anyone else is a smokescreen.

It’s a smokescreen for hating persons because you just don’t like them and their existence (maybe) makes you feel weird.

And everyone knows it’s a smokescreen, even those who blow the smoke.


Michael Tomasky says, “To hell with the backlash.”


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