Walker, Legal Ranger

Federal Judge Vaughn Walker – who has the distinction of being the judge to make the monumental and historic decision that overturned California’s Proposition 8 – wrote a well-thought out and articulated analysis explaining why not allowing two people of the same sex to legally marry is unconstitutional and regressive.

From the anthropological and evolutionary roots of marriage to the discriminatory laws and attitudes that hold back human progress, Judge Walker left no holds barred in his stunning and precise analysis. One of the many notable sections include the following:

The evidence shows that the movement of marriage away from a gendered institution and toward an institution free from state-mandated gender roles reflects an evolution in the understanding of gender rather than a change in marriage. The evidence did not show any historical purpose for excluding same-sex couples from marriage, as states have never required spouses to have an ability or willingness to procreate in order to marry. FF 21. Rather, the exclusion exists as an artifact of a time when the genders were seen as having distinct roles in society and in marriage. That time has passed.

The right to marry has been historically and remains the right to choose a spouse and, with mutual consent, join together and form a household. FF 19-20, 34-35. Race and gender restrictions shaped marriage during eras of race and gender inequality, but such restrictions were never part of the historical core of the institution of marriage. FF 33. Today, gender is not relevant to the state in determining spouses’ obligations to each other and to their dependents. Relative gender composition aside, same-sex couples are situated identically to opposite-sex couples in terms of their ability to perform the rights and obligations of marriage under California law. FF 48. Gender no longer forms an essential part of marriage; marriage under law is a union of equals.

Whether social conservatives admit it or not, human society is always evolving and changing with new ideas and breakthroughs as well as through human evolution itself. To ignore this simple fact in favor of antiquated views and prejudice is ignorant and contrary to the American ideals of life, liberty and the pursuit of happiness. Thankfully, we’re closer to equality for all in this country.

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Prop 8 Overturned!

Prop 8 has been overturned. Today, California joins Iowa, New Hampshire, Vermont, Massachusetts, Connecticut and Washington DC in recognizing same-sex marriages. Regardless of how you feel about gay marriage, this is a great day for the Constitution.

Since all Americans receive – or are supposed to receive – equal treatment and protection under the law, logic would dictate that this also includes two people who are in a committed relationship.

America is a beacon of liberty and equality for all who are privileged to live here. If you’re not depriving anyone of their life, liberty or pursuit of happiness, you are encouraged to make your own life, live free and pursue your own happiness.

Just because one group – or groups – of people get together and declare another inferior does not in any way mean they then have the right to legally enslave them. Thomas Jefferson warned against this: he called it the “tyranny of the majority” in which the majority decides and dictates the rights of the minority.

In November 2008, California voters – many mislead through deceptive television ads and misinformation through “family” groups as well as the Mormon Church’s finances – approved Proposition 8 by a narrow 52%, which overturned the state court’s decision five months earlier allowing same-sex marriage in the Golden State.

21 months and two court challenges later, gay couples can now once again marry if they decide to.

Opposition has already planned to appeal to the 9th Circuit Court, whom I expect will uphold the decision. Should the US Supreme Court pick up the case (doubtful), they will either uphold today’s decision or maintain the ban. In that situation, I expect them to agree that homosexuals do in fact have the right to marry. This would strike down same-sex marriage bans in 41 states and overturn President Clinton’s “Defense of Marriage Act,” making the United States the 11th nation on the planet to legalize same-sex marriage.

Canada, Argentina, South Africa, Iceland, Portugal, Spain, The Netherlands, Belgium, Norway and Sweden all recognize same-sex marriage. Isn’t it time that the pioneering and forward-thinking United States joined?