Having read United States District Chief Judge, Vaughn A. Walker's decision in the Proposition 8 case # C 09-2292 Perry, Stier, Katami and Zarrillo v Schwarzenegger, Brown, Horton, Scott, O'Connell, Logan et. al. I have chosen 10 very salient statements for consderation and praise.
1) "Marriage in the United States has always been a civil matter. Civil authorities may permit religious leaders to solemnize marriages but not to determine who may enter or leave a civil marriage. Religious leaders may determine independently whether to recognize a civil marriage or divorce but that recognition of lack thereof has no effect on the relationship under state law." ~ page 60, lines 6-12
2) "California, like every other state, has never required that individuals entering a marriage be willing or able to procreate." ~ page 60, lines 23-25
3) "California has eliminated marital obligations based on the gender of the spouse. Regardless of their sex or gender, marital partners share the same obligations to one another and to their dependents." ~ page 66, lines 8-11
4) "Eliminating gender and race restrictions in marriage has not deprived the institution of marriage of its vitality." ~ page 66, lines 16 & 17
5) "Marriage is the state recognition and approval of a couple's choice to live with each other, to remain committed to one another and to form a household based on their own feelings about one another and to join in an economic partnership and support one another and any dependents" ~ page 67, lines 11-15
6) "Same-sex love and intimacy are well-documented in human history. The concept of an identity based on object desire; that is , whether an individual desires a relationship with someone of the opposite sex (heterosexual), same sex (homosexual) or either sex (bisexual), developed in the late 19th century." ~ page 71, lines 10-15
7) "Individuals do not generally choose their sexual orientation. No credible evidence supports a finding that an individual may, through conscious decision, therapeutic intervention or any other method, change his or her sexual orientation." ~ page 74, lines 19-22
8) "Same-sex couples are identical to opposite-sex couples int he characteristics relevant to the ability to form successful marital unions. Like opposite-sex couples, same-sex couples have happy, satisfying relationships and form deep emotional bonds and strong commitments to their partners. Standardized measures of relationship satisfaction, relationship adjustment and love do not differ depending on whether a couple is same-sex or opposite-sex." ~ page 77, lines 1-8
9) "Marrying a person of the opposite sex is an unrealistic option for gay and lesbian individuals." ~ page 79, lines 25 & 26
10) "Permitting same-sex couples to marry will not affect the number of opposite-sex couples who marry, divorce, cohabit, or have children outside of marriage or otherwise affect the stability of opposite-sex marriage." ~ page 83, lines 20-23
ERGO, The bottom line!
Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of marriage license. 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. Because California has no interest in discriminating against gay men and lesbians, and because proposition 8 presents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.
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4 comments:
Thanks, Randy, for gleaning these quotes from the text of the Judge's decision.
Jim, You're welcome. It's only 138 pages, honestly an easy and edifying read.
I haven't even made it a third of the way through, but looking forward to studying it on the weekend. Thanks for the highlights!
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