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07 February 2012 @ 12:28 pm
Ninth U.S. Circuit Court of Appeals Rules Prop 8 Unconstitutional  
It seems as if this should have been the obvious outcome, but the wrong ruling was always in danger of happening: U.S. Circuit Court Rules Ban On Gay Marriage Unconstitutional.

Excerpt from Judge Stephen Reinhardt in the majority opinion:

"Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples."

Full ruling available here.

I really hope they begin allowing same-sex marriage again really soon. It was still suspended after the appeal ruling, but this the last round of appeal within the state of California. That means that legal marriage within the state... needs to be legal again. Now.

Happy news today!

medleymisty: pinkflowersmedleymisty on February 7th, 2012 08:58 pm (UTC)

I'm married, and I don't see why everyone shouldn't have the opportunity to have what I have if they want it.

I remember looking at pictures of the happy couples from the first state to allow same sex marriage and just crying my eyes out, both from feeling their joy and also the sadness of how they had to wait so long.
The Coalition For Disturbing Metaphors: Yay!halfshellvenus on February 7th, 2012 09:16 pm (UTC)
It comes down to the only objection being religious, and the fact that separation of church and state mandates that religion not be a reason for such a law.

It also benefits a great many people (especially surviving spouses in a gay couple, or the children of gay couples) and harms no one.

I think wanting that long-term commitment is a good thing, for couples and society as a whole. To find that love, that dedication, is the ultimate brass ring!

And the picture of the lesbian couple in front of the New York Courthouse, one woman in a wheelchair, finally marrying after over 30 years together... it gets me so choked up, and so torn between "Why did they have to wait so long?" and "Thank goodness this happened in their lifetimes."
Danmuchtooarrogant on February 7th, 2012 11:49 pm (UTC)
Yay! I saw this earlier, and thought about posting it myself, but didn't have time before running out the door.

The Coalition For Disturbing Metaphorshalfshellvenus on February 8th, 2012 12:59 am (UTC)
It was wonderful news, and really-- I never take judicial "sense" for granted.

Just because something is clearly unconstitutional doesn't mean it will be ruled as such. The military draft is still legal, and things don't get much more unconstitutional than that!

I do wish the state would quit holding off on letting people get married, though, with this mealy-mouthed, "Well, who knows what will happen in the next round of appeals?" approach.

It's already been a year since the ban was first overturned!
Danmuchtooarrogant on February 8th, 2012 05:05 am (UTC)
"The military draft is still legal, and things don't get
much more unconstitutional than that!"

Well, not to pick a fight, but... *grin* Some form of military service is mandatory in many European countries, and I'm not entirely certain that's such a bad idea. (Says the guy who's disqualified from military service. LOL) Still, I concede, there's a big difference to undergoing military training, and being forced to participate in a war which you might consider to be immoral.

"I do wish the state would quit holding off on letting people get married, though, with this mealy-mouthed ..."

Political expediency. They don't want to look soft to the conservative hard-liners, even if they personally agree. Obama wouldn't even say who he'd like to win the Super Bowl--not that there was really much of a choice this year. *smirk*