Full Text of the Prop. 8 Ruling
The judge in this case is as intelligent, well-spoken, and generally awesome as the one from the Dover School Board Case (on “Intelligent Design” and evolution being taught in school).
Some choice excerpts:
Marriage in the United States has always been a civil matter. Civil authorities may permit religious leaders to solemnize marriages but not to determine who may enter or leave a civil marriage. Religious leaders may determine independently whether to recognize a civil marriage or divorce but that recognition or lack thereof has no effect on the relationship under state law.
And, in full capitalization no less:
A PRIVATE MORAL VIEW THAT SAME-SEX COUPLES ARE INFERIOR TO OPPOSITE-SEX COUPLES IS NOT A PROPER BASIS FOR LEGISLATION…
Finally:
California’s obligation is to treat its citizens equally, not to “mandate [its] own moral code.”
And say what you will about the guy, I have to admit a great deal of respect for Arnold Schwarzenegger given his reaction to the ruling. Here’s his official statement, and a great excerpt:
“For the hundreds of thousands of Californians in gay and lesbian households who are managing their day-to-day lives, this decision affirms the full legal protections and safeguards I believe everyone deserves. At the same time, it provides an opportunity for all Californians to consider our history of leading the way to the future, and our growing reputation of treating all people and their relationships with equal respect and dignity.
“Today’s decision is by no means California’s first milestone, nor our last, on America’s road to equality and freedom for all people.”
We should also take note that the team that beat this stupid law are actually the two lawyers that represented George W. Bush on the one side (Theodore Olson) and Al Gore (David Boies) on the other in the 2000 Supreme Court case that decided the presidency (and, for that matter, the fates and lives of millions of people, both American and living in the Middle East — so let’s not celebrate Olson too much here, just saying.)
