2010-08-04

Prop 8 has fallen

There are two levels of appeal yet to slog through, but the conclusion of the U.S. District court for the Northen District of California is well quotable:
The considered views and opinions of even the most highly qualified scholars and experts seldom outweigh the determinations of the voters. When challenged, however, the voters’ determinations must find at least some support in evidence. This is especially so when those determinations enact into law classifications of persons. Conjecture, speculation and fears are not enough. Still less will the moral disapprobation of a group or class of citizens suffice, no matter how large the majority that shares that view. The evidence demonstrated beyond serious reckoning that Proposition 8 finds support only in such disapproval. As such, Proposition 8 is beyond the constitutional reach of the voters or their representatives.
I think the best eventual outcome would be to conclude that "marriage", being an emotionally charged word, is not a matter for legislation, but that the state can provide certain well-defined legal benefits to couples of whatever sexes that register themselves as domestic partners, whether or not they (or anyone else) choose to describe themselves as "married".

Somehow, however, I don't think that either side of the Californian debacle would agree with me on that ...

No comments:

Post a Comment