The conclusion: CONCLUSION 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 oppositesex 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.
...that judge is awesome with a side of awesomesauce.
The whole thing is awesomesauce: I think everyone should read the full ruling. Fabulous, fabulous stuff, and no wriggle room whatsoever for people who want to claim "activism" or "unConstitutional" or otherwise enshrine their personal prejudices.
"Plaintiffs do not seek recognition of a new right. To characterize plaintiffs’ objective as “the right to same-sex marriage” would suggest that plaintiffs seek something different from what opposite-sex couples across the state enjoy —— namely, marriage. Rather, plaintiffs ask California to recognize their relationships for what they are: marriages."
no subject
Date: 2010-08-04 10:13 pm (UTC)CONCLUSION
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 oppositesex 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.
...that judge is awesome with a side of awesomesauce.
no subject
Date: 2010-08-04 10:36 pm (UTC)May I quote you?
no subject
Date: 2010-08-05 12:11 am (UTC)no subject
Date: 2010-08-05 01:59 pm (UTC)no subject
Date: 2010-08-05 02:42 pm (UTC)I hope to get time to read it myself today; it's an extremely important ruling.
no subject
Date: 2010-08-05 09:39 am (UTC)I don't have enough words for the awesomeness.