Posted by: Kathy White | August 4, 2010

Prop 8: No Rational Basis

That’s the main message from Judge Walker in his ruling about Prop 8.– there’s no rational basis. And there never was. Just fear — lots and lots of fear.

“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.” — I don’t think it gets any clearer than that.

When our individual rights are taken away and a group is singled out and had their rights taken away, it’s up to the courts to rectify that. And they did. This is what American justice is all about — analyze the evidence and decide what is truly right. Prop 8 was never right — for anyone.

Here: “Race restrictions on marital partners were once common in most states but are now seen as archaic, shameful or even bizarre. When the Supreme Court invalidated race restrictions in Loving, the definition of the right to marry did not change. Instead, the Court recognized that race restrictions, despite their historical prevalence, stood in stark contrast to the concepts of liberty and choice inherent in the right to marry.” — Again. Can I just say “duh?”

And some more remarkable words to ponder: “Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection
rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8. California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same sex couples and has not suffered any demonstrated harm as a result.” [bolding is mine, not the ruling]. Clearly, the world has not stopped spinning since gays were allowed to marry.

I know those who oppose gay marriage feel that somehow their special institution will be mangled by gays — but the likes of Brittany Spears and Rush Limbaugh — either with a 24-hour marriage or too many marriages to count — has done that to the institution of marriage already. But somehow gays are inferior and not worthy?

Judge Walker saw through that: “In the absence of a rational basis, what remains of proponents’ case is an inference, amply supported by evidence in the record, that Proposition 8 was premised on the belief that same-sex couples simply are not as good as opposite-sex couples.” Sorry, no dice.

Let the appeal process begin, but I think this ruling lays the groundwork for what should ultimately come from the Surpreme Court — equality for all. If you pay your taxes, your government should work for you. And if the government is in the business of handing out marriage licenses, then it better hand them out to everybody — without prejustice.


  1. The ruling is amazing reading. As much as I was depressed when Prop. 8 passed (I mean, seriously, wtf?), I’m pleased today. I can’t dismiss the legal system as totally effed up when I read it.

  2. I know. It gives me hope in a very real way. And the fact that he uses their very arguments so successfully against them is pure poetry.

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