Mercury Rising 鳯女

Politics, life, and other things that matter

Bigotry Struck Down

Posted by MEC on February 7, 2012

The 9th U.S. Circuit Court of Appeals has ruled that California’s Proposition 8 banning same-sex marriage is unconstitutional.

The people may not employ the initiative power to single out a disfavored group for unequal treatment and strip them, without a legitimate justification, of a right as important as the right to marry.


2 Responses to “Bigotry Struck Down”

  1. Charles II said

    Ted Olsen (yes, that Ted Olsen) made the case on TRMS that the ruling is quite broad and trailblazing while not offering the Supreme Court any basis on which to overturn.

    • MEC said

      Opinions differ on whether the ruling is broad. Some analysts think it will only apply to California’s situation: The court ruled that gays had the right to marry and the the ballot issue took away that right. In states where it was never acknowledged that gays have civil rights, it doesn’t apply.

      I hope that analysis is wrong and this ruling will be the basis for acknowledging that gays do have constitutional rights, but given the political climate and the politicization of the Supreme Court, I’m not optimistic.

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