Thursday, May 15, 2008


On the one hand, I think that the California Supreme Court decision today (PDF copy here) that struck down as unconstitutional California's law that required marriages be between a man and a woman is amazing, wonderful, incredible news. On the other hand, I worry that given human nature and the raw numbers of bigoted, homophobic people in our country, the end result will be some sort of constitutional ban on gay marriage that will put gay couples in California in a worse position than they are currently in under the domestic partnership scheme. I hope I'm wrong.

Here are a couple of great quotes from the opinion:

"In light of the fundamental nature of the substantive rights embodied in the right to marry — and their central importance to an individual’s opportunity to live a happy, meaningful, and satisfying life as a full member of society — the California Constitution properly must be interpreted to guarantee this basic civil right to all individuals and couples, without regard to their sexual orientation."

"...we now similarly recognize that an individual’s homosexual orientation is not a constitutionally legitimate basis for withholding or restricting the individual’s legal rights.
In light of this recognition, sections 1 and 7 of article I of the California Constitution cannot properly be interpreted to withhold from gay individuals the same basic civil right of personal autonomy and liberty (including the right to establish, with the person of one’s choice, an officially recognized and sanctioned family) that the California Constitution affords to heterosexual individuals."

1 comment:

NANCY said...

Hi, I found your blog through Nablopomo.

I agree with you, but I'm also concerned about the ban on gay marriages.

Great pictures on the side panel =)