August 04, 2010

Judge Strikes Down Prop.8 in CA

The state's gay marriage ban is shot down... at least temporarily:

A federal judge in California ruled today that the state's same-sex marriage ban amounts to unconstitutional discrimination and should be immediately struck down.

"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license," wrote U.S. District Court Judge Vaughn Walker in a 136-page decision. "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."


I'm not going to bother reading the opinion for the simple reason that doing so seems pointless; the ruling is sure to be appealed and will more than likely find it's way to the U.S. Supreme Court within a couple of years.

B. Daniel Blatt has read the opinion and finds that the judge's ruling is wanting, which just reinforces my thought that getting too excited about the ruling is pointless.

I find that the judge makes some good arguments for gay marriage, but doesn't succeed in relating them to the constitution. His legal analysis is sloppy at best and dismisses the sex-difference argument for traditional marriage by flippantly referring to what he calls "discredited notions of gender" as if the assumptions about a supposed social construction of gender had been proven true when, in fact, all serious psychological, sociological studies have shown the opposite. Not to mention studies of the human brain.

He fails to cite a provision of the federal constitution which prevents states from making distinctions based on sex difference, primarily because there isn't one.

I suspect this is only going to contribute to the feelings of anomie for social conservatives (Democrats and Republicans) that are increasingly feeling disenfranchised by legislators and the courts.

Oh, we live in interesting times...

Posted by Confederate Yankee at August 4, 2010 08:30 PM

This is one issue where freedom-loving conservatives could gain some ground by giving a little and joining forces with other Americans. I'm sure there are hundreds of gay men and women who would become conservative if it wasn't for the opposition on the gay marriage issue. If conservatives could just say, "Look, I don't agree with your lifestyle, but I don't think the government should have any say in whether you can get married," we could gain some powerful allies.

What is there to loose by allowing homosexuals to get married? Marriage is a LEGAL institution in the eyes of the state, not a religeous one. And don't give me the whole "slippery-slope" argument on this one - the whole "domestic partnership" thing is a MUCH more slippery slope. If anything, this would allow those who are are going to be gay NO MATTER WHAT to lead a lifestyle much more closely in line with conservative values.

I'm as conservative as they come, but this is one issue in which I feel we have engaged in a MAJOR cognitive dissonance on.

Posted by: Walt at August 4, 2010 11:23 PM

Proposition 8 fails to advance any rational basis

This is in accordance with Section 131(f) of the US Constitution, "Any laws passed by the stupid people, either directly or via their elected representatives, shall be examined by the wise judges to determine if they are rational, as only judges can determine such things. If judges think to themselves 'this is a silly law' they will have the power to strike it down on that basis".

Posted by: flenser at August 5, 2010 08:01 AM

I'm sure there are hundreds of gay men and women who would become conservative if it wasn't for the opposition on the gay marriage issue.


Posted by: flenser at August 5, 2010 08:02 AM

One bright side of this decision--just imagine how much our muslim enemies hate this. Since so many of them live in a medieval (or pre-medieval) culture, the notion of SSM has got to drive them even more insane.

I have no real problem with SSM, though I just hate to be on the same side of a judge who clearly misread the 14th and 10th Amendments.

Posted by: iconoclast at August 5, 2010 11:31 AM

You cannot turn a pig's ear into a silk purse.

A rose by any other name...

Such phrases exist because it always has been that genuinely stupid, or willfully depraved, or clinically insane people somehow find their way into positions of power.

These believe they have a godlike power to change reality by decree.

Posted by: Druid at August 5, 2010 12:51 PM

I'll remind you that the judge that overturned Prop 8 is a gay conservative appointed by Reagan over the objections of Pelosi and, notably, Cleve Walker (Harvey Milk's boyfriend).

Damn activist conservatives.

Posted by: Bob at August 5, 2010 02:24 PM