Thursday, May 15, 2008

California Supreme Court Strikes Down Gay Marriage Ban

In a 121 page opinion with three concurring and dissenting opinions which can all be viewed here (I have printed off the opinion, but it will take time to read it in full) the California Supreme Court has struck down the state law bans on gay marriage and allowed equal justice under the law for ALL citizens to prevail. Among the laws struck down was Proposition 22 approved by California voters in March, 2000. No doubt the Christianist wil be going into fits and spasms and claiming that the end of civilization is at hand. God forbid that LGBT citizens have fully EQUAL legal rights since that undercuts the Christianist agenda to malign and denigrate gays whenever and however possible. Here is a highlight from the Court's opinion:
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"Furthermore, in contrast to earlier times, our state now recognizes that an individual’s capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual’s sexual orientation, and, more generally, that an individual’s sexual orientation — like a person’s race or gender — does not constitute a legitimate basis upon which to deny or withhold legal rights. We therefore conclude that in view of the substance and significance of the fundamental constitutional right to form a family relationship, the California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples."

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