These are the two things Judge Walker says that clearly enunciate my exact position on this:
“Proposition 8 cannot withstand any level of scrutiny under the Equal Protection Clause,” wrote Judge Walker. “Excluding same-sex couples from marriage is simply not rationally related to a legitimate state interest.”
and
“Tradition alone, however,” he wrote, “cannot form the rational basis for a law.”
or, I guess I would edit that last one to say, "a bunch of books people wrote at the very beginning of human history."
Three cheers for rational, compassionate thought.
I have no doubt this is headed straight to the Supreme Court, though. It will be interesting to see how they try to duck the issue.
I agree. The Supreme Court might duck the issue by simply throwing it back to the state to resolve. But whatever they do, it'll be interesting to see. I just heard on NPR that the way Judge Walker wrote his decision plays to Justice Kennedy's way of thinking, and since Kennedy is considered the swing vote, that means good things for all same-sex couples. Yay!
4 comments:
Woot!
The best part for me was seeing the ecstatic facebook status update from my gay-friend-with-partner-who-lives-in-California. Finally!
These are the two things Judge Walker says that clearly enunciate my exact position on this:
“Proposition 8 cannot withstand any level of scrutiny under the Equal Protection Clause,” wrote Judge Walker. “Excluding same-sex couples from marriage is simply not rationally related to a legitimate state interest.”
and
“Tradition alone, however,” he wrote, “cannot form the rational basis for a law.”
or, I guess I would edit that last one to say, "a bunch of books people wrote at the very beginning of human history."
Three cheers for rational, compassionate thought.
I have no doubt this is headed straight to the Supreme Court, though. It will be interesting to see how they try to duck the issue.
I agree. The Supreme Court might duck the issue by simply throwing it back to the state to resolve. But whatever they do, it'll be interesting to see. I just heard on NPR that the way Judge Walker wrote his decision plays to Justice Kennedy's way of thinking, and since Kennedy is considered the swing vote, that means good things for all same-sex couples. Yay!
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