Thursday, May 15, 2008

marry away, folks

Countering the argument that "the court does not have the right to erase, then recast, the age-old definition of marriage, as virtually all societies have understood it, in order to satisfy its own contemporary notions of equality and justice" [Justice Baxter], California Chief Justice George noted that California has already recognized, in its laws and public policy, that gays and lesbians are entitled to equal treatment in every legal area [except marriage].

Echoing decisions banning miscegenation Justice George wrote:

"Even the most familiar and generally accepted of social policies and traditions often mask an unfairness and inequality that frequently is not recognized or appreciated by those not directly harmed."

In short, a ban on gay marriages in unconstitutional in the state of California.

Now I just hope they don't convince the court to issue a stay until the ballot initiative in November comes up. There is a constitutional amendment that would permanently prohibit gay marriage.

Personally, I think that if marriage has to be a legal construct, then it should be equally available to all couples, and I wish the "traditional meaning" folks would just STFU. 9 times out of 10, the reasons they give for not wanting to permit gay marriage are legally invalid. STFU already!

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