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Proposition 8

The passage of Proposition 8, and the subsequent overturning of it are both significant events in the history of civil rights and GLBT politics. The eventual, permanent outcome and fallout of the decision will have far-reaching socio-political impact across the country. Everyone should read Judge Walker’s decision. It is well-written and well thought out, and firmly rooted in strict interpretation of law.

excerpted from the decision:

“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.”

“Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians. The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples.

Because Proposition 8 disadvantages gays and lesbians without any rational justification, Proposition 8 violates the Equal Protection Clause of the Fourteenth Amendment.”

Read the full decision. (This links to a PDF of the text.)

Read the description of Proposition 8 itself, as presented in the State voter’s ballot. (This links to a PDF of the text.)

Posted in Socio-politics.

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