Thursday, August 5, 2010

Yea!

August 4, 2010 is the day that the Judge Vaughn Walker of the U.S. District Federal Court in San Francisco ruled Proposition 8, the ballot initiative that amended the California Constitution to prohibit marriage equality, unconstitutional.

Some of the initial reactions:

"...activist gay judge that ruled against the will of the people..."

Never mind that we don't know the sexual orientation of Judge Walker or that he was nominated by President Reagan and appointed by President George H.W. Bush. Emotions run strong about this issue and sometimes important details of our system of government that the founders established are overlooked. The courts are the third branch of government and an important check and balance to the legislative and executive branches. While this branch doesn't initiate legislation or administer the government, it is nevertheless part of the government and a power unto itself. The courts cannot be overruled by the legislative or executive branch, but its decisions can be made moot if the legislative or executive branch modify their original actions or propose new ones.

Furthermore, in U.S. history there were many state and federal acts legislated or approved by the voters that in retrospect were unconstitutional including slavery, anti-miscegenation laws, and "separate but equal" rulings by the court itself.

"...plaintiffs demonstrated harm, defendants did not..."

Key provisions of the U.S. Constitution come into play here including the equal protection clause and the due process clause (14th Amendment). All men (persons) are created equal and no state shall deny any person equal protection under the law are important constitutional rights that cannot be superseded by religious and moral beliefs. Because the defendants could not show harm (given that there are 18,000 plus gay and lesbian marriages performed and honored prior to and after Proposition 8), it was not difficult for the court to make a "finding of fact" that no harm resulted from these marriages.

While there is a long road ahead in regards to the appeals process, Judge Walker's decision heralds the day when we will all treat each other with mutual respect, tolerance and acceptance.


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