Tuesday, May 26, 2009


The California Supreme Court today, by a 6-1 vote said that Proposition 8, the no-same-sex-marriage amendment to the California Constitution was properly adopted and is now the law in California, like it or not. Opinion here. While a disappointment, it's probably important to keep in mind all the things that the Court did not say.
  • It did not say that Proposition 8 comports with the Equal Protection Clause of the U.S. Constitution.
  • It did not say that Proposition 8 harmonizes seamlessly or happily with the rest of the California Constituiton.
  • It did not say that Proposition 8 is a good idea, is moral, decent, fair, or responsible.
All it said is that Proposition 8 was adopted pursuant to the provisions of the California Constitution that govern amendments to that Constitution and that it is, in fact, an amendment.

And there's what else we know.
Despite the language of the proposition, the court said that the 18,000 or so same-sex couples who were married still are. If that doesn't show that time is against Proposition 8 and its like across the country (including Issue 1, here in Ohio), I don't know what will.

Marriage equality is coming, but it comes slowly.

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