The evolution of gay marriage rights in California has been an exhausting story to follow. Just when I think that gay couples in California will finally have their rights recognized, I am sadly let down. Proposition 8, the ban on same-sex marriage in California, is not only an embarrassing display of the intolerance and ignorance in this country, it is a heartbreaking blow to the families it keeps separated.
On August 4th, 2010 federal judge Vaughn Walker overturned Prop 8 with the ruling that it is unconstitutional. Millions of people in America, myself included, enjoyed this wonderful, temporary, victory. Ninth Circuit Court of Appeals reviewed Judge Walker’s ruling and decided that Prop 8 will stand until the case is heard in court in December.
While I have strong views against Prop 8, I do understand the need for it to stand until the appeal is heard in December. What I do not understand is why any of this is necessary in the first place. The California Supreme Court ruled that a state law that bans same-sex marriage is unconstitutional and Proposition 8 was the response to that ruling. In my opinion, the California Supreme Court had it right and the story should have ended there. I think that a ban on same-sex marriage is unconstitutional because it goes against the equal protection clause. There is no legitimate state interest in keeping gay couples from getting married so it will not pass through any level of scrutiny. The equal protection clause says that, 'no state shall ... deny to any person within its jurisdiction the equal protection of the laws...' and if this is the case, than homosexuals=persons and California=State and laws=marriage laws, so the equation should read.."California shall not deny any Homosexual within its jurisdiction the equal protection of the laws of marriage." Interchaning words within state/federal constitutions provides clearer examples of how the law should be read.
NY Times
