Thursday, August 5, 2010

Prop 8 ruling - 1

Judge Vaughan Walker's ruling that Proposition 8 violates the U.S. Constitution on both equal protection and due process grounds AND because his 138 page ruling is so incredibly clear and strongly reasoned, it seems to me it will be hard to overturn on appeal.

Back when Justice Anthony Kennedy wrote a strong ruling overturning Lawrence v Texas that wiped out all sodomy laws and overturned the court's own decision in the 1986 Bowers case, Justice Scalia predicted, in his objection, that this would lead to same-sex marriage some day. I assume that he was already thinking that laws like Prop8 would not stand up to scrutiny.

And now we're well over the thresthold of that process that Scalia predicted and feared.

How do you argue with this from today's ruling by Walker?

"A private moral view that same-sex couples are inferior to opposite-sex couples is not a proper basis for legislation."

Ralph

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