Thursday, May 15, 2008

Breaking: California Upholds Gay Marriage

The Supreme Court of California Approves Gay Marriage (4-3)

The 172 page opinion is here. The first 11 pages contain the flavor of the ruling.

1. This ruling is from the Supreme Court of California. It can not be over-ruled by any other Court. It is law, as of now, in California.

2. GLBT folk in California may go get married. Right now.

Well, probably in a day or so. The bureaucracy must be properly (and officially) notified of this ruling. But then. And it will be a legal marriage.

3. There will be an initiative in California this fall to amend the Constitution to prohibit Gay Marriage. The initiative has enough votes to get on the ballot. This is going to drive turn-out. Gov. Arnold has already said he opposes the initiative.

4. The Court ruled on equal-protection grounds. That classifying or discriminating on the basis of sexual orientation is a protected class (such as race or gender) and therefore must be subject to strict scrutiny. That is, the State must a) demonstrate a compelling Constitutional requirement to do what it is doing, and b) that the way in which it acting is necessary. The State of California's law as written, was neither. Therefore, FAIL.

Welcome to the family of marriage, my sisters and brothers.

Today is a joyous day.