Thursday, August 05, 2010

Law, Marriage & Morality

Judge Walker issued his finding that Proposition 8 which rescinded same sex marriage in California was unconstitutional yesterday*. The ruling was based on due process and equal protection clauses of the Constitution's Bill of Rights. He also said
"Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians.The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples." (P.135)

The decision will most likely be appealed to the 9th Circuit, and then potentially on to the Supreme Court.

Some might find that the decision has one troubling aspect: it denies the result of citizens' votes and majority rule. But we do have to remember tht the majority is not always right: slavery? segregation? miscegnation?



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