Thursday, 15 March 2012

Equal Civil Marriage and Proposition 8.

Today, the UK Government began a consultation on proposals to allow equal civil marriage. See BBC News. You will find the consultation document on the Governments website

Recently in the USA a judgement at the Court of Appeals, Ninth Circuit, concluded that Proposition 8, as voted for by the electors of California, was unconstitutional.

The following is a small extract from the the opinion of Judge Reinhardt:

"Prior to November 4, 2008, the California Constitution guaranteed the right to marry to opposite-sex couples and same-sex couples. On that day, the People of California adopted Proposition 8, which amended the state constitution to eliminate the right of same-sex couples to marry. We consider whether the amendment violates the Fourteenth Amendment to the United States Constitution. We conclude that it does......

....All that Proposition 8 accomplished was to take away from same-sex couples the right to be granted marriage licenses and thus to legally use the designation of 'marriage', which symbolizes state legitimization and societal recognition of their committed relationship. Proposition 8 serves no purpose, and has no effect, other that to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationship and families as inferior of opposite-sex couples. The Constitution simply does not allow for "laws of this sort.""

You can download his opinion in full (in pdf format) from the following website.

See Also: Washington Post - The sanctity of marriage.

No comments: