(Feb. 7) A federal appeals court today overturned Proposition 8, a 2008 ballot measure that revoked the right of same-sex couples to obtain a civil marriage. In a 2-1 decision, the 3-judge panel from the 9th Circuit Court declared the ban unconstitutional and a violation of the 14th Amendment right to "equal protection under the law" of gay Californians. Speaking for the majority, Judge Stephen Reinhardt wrote:
All that Proposition 8 accomplished was to take away from same-sex couples the right to be granted marriage licenses and thus legally to use the designation of 'marriage,' which symbolizes state legitimization and societal recognition of their committed relationships. Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples. The Constitution simply doesn't allow for "laws of this sort."
You can read the decision in its entirety here.
The judges found supporters' contention that same-sex marriages were harmful to children and to opposite-sex marriage, to be without merit. In rejecting the appeal the court validated the original 2010 district court decision overturning Proposition 8.
From the Los Angeles Times:
The ruling upheld a decision by retired Chief U.S. District Judge Vaughn R. Walker, who struck down the ballot measure in 2010 after holding an unprecedented trial on the nature of sexual orientation and the history of marriage.
In a separate decision, the appeals court refused to invalidate Walker’s ruling on the grounds that he should have disclosed he was in a long term same-sex relationship. Walker, a Republican appointee who is openly gay, said after his ruling that he had been in a relationship with another man for 10 years. He has never said whether he and partner wished to marry.
Reaction to the ruling from both camps was swift.
From Yahoo News (via The Lookout):
Ted Olson, the U.S. solicitor general under President George W. Bush who represents the plaintiffs, said at a press conference that the decision is the first step to ending discrimination. "Today we are more American because of this decision," he said.
Americans United For Separation of Church and State, which filed a friend-of-court brief against the proposition issued an even stronger statement:
“No American’s right to marry should be subjected to a veto from aggressive and well-funded religious groups,” said the Rev. Barry W. Lynn, executive director of Americans United, which filed a friend-of-the-court brief in the case. “Our nation is a democracy, not a theocracy. Our laws should reflect equality and fairness, not discrimination and intolerance.”
Added Lynn, “Opponents of same-sex marriage have been unable to muster any arguments other than it offends their theology. We have a secular government, and dogma should not and cannot be transformed into law.”
Here's a sampling of reactions from leaders of the Religious Right (courtesy of Right Wing Watch):
Liberty Counsel chairman Mat Staver claimed the ruling “undermines the legitimacy of the judicial system” and represents the “unraveling of the actual judiciary.”
The Family Leader dubbed the court a “friend of the radical homosexual agenda” and referred to the ruling as a case of bullying.
Right-wing activist Gordon Klingenschmidt, an ex-navy chaplain who's best known for invoking Old Testament curses (like Psalm 109) against President Obama and anyone else he disagrees with, said that the “Founding Fathers are turning over in their graves” as a result of the ruling.
Tony Perkins of the Family Research Council accused the court of “judicial tyranny” and trying to “impose San Francisco values on the entire country.”
The Alliance Defense Fund senior counsel Brian Raum dubbed the ruling a “Hollywood-orchestrated attack on marriage.”
Concerned Women for America CEO Penny Young Nance asserted that the judges “undermined the foundations of the family and liberty.”
And...
Focus on the Family analyst Bruce Hausknecht called the ruling “yet another instance of social engineering.”
Proposition 8 supporters are vowing to appeal the decision to the full 11 member 9th Circuit Court and, if that fails, to the Supreme Court.
You can read more complete quotations from these people by following the Right Wing Watch link.
In the meantime, the 3 judge panel's decision revoking Proposition 8 today will remain on hold pending decisions on the appeal.
If you enjoy my articles, you can click on "subscribe" at the top of the page and you'll receive notice when new ones are published.
Comments