Thursday, August 5, 2010

Cal Judge Invalidates Prop 8

Judge Walker, Federal Court Judge of California struck down California's Prop 8 which banned gay marriages.   For the first time gay marriages is to be considered a constitutional right.   Of course there will be appeals, and looking at the current Supreme Court's recent decision is scary.

The heart of the matter is that the judge found no "rational basis" for singling out unions of gays for prohibition, and so he found Prop 8 to be discrimination.   One of the interesting arguments in the decision notes that changes in relationships brought about by the women's movement, that is equality of roles between men and women in marriage, have lead to the opportunity to reach this decision.  The judge specifically throws out "moral" arguments saying that the state needs on overriding interest in the ban (from the point of general society) to allow Prop 8 to stand.

Wow, that is great!

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