The judge in this case, Vaughn Walker, struck down the ban on the grounds that it goes against the 14th Amendment to the Constitution. The 14th Amendment guarantees “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (taken from first section of the 14th Amendment). In layman’s terms Judge Walker is saying that by outlawing marriage the ban is denying gays and lesbians their pursuit of happiness.
Seeing that I am in a same-sex relationship I believe the appeal that is being worked on will be very important for the battle to allow same-sex couples to marry in the United States. If the appeal ends up making it to the Supreme Court, I believe they would find in the same way as Judge Walker and in doing so would open the door to give everyone the right to marriage. There is a slippery slope though because the voters did vote on the ban after the state had already passed it. With that being said though, did the voters actually have the right to outlaw certain people from being married and receiving all the benefits with that institution?
As some of you know I live in the Midwest so I know all about fanatical Christians and their dislike of allowing same-sex couples to marry. They say it’s against God and the Bible, which could very well be the case, but I ask them “what difference does it make to you?” They also think that it causes a breakdown in the American family. I mean it is common knowledge that gay women and men can’t raise children and if they do they become a drain on society. NOT!! Alison, my partner, works during the day so I am with our twin girls during the day and people see us together and they say how adorable they are and how good I am doing. Then when they find out that they are mine and my partner’s children they seem surprised and/or disgusted. All I know is my children will grow up in a loving household and whether or not Alison and I are married we are going to live our life as if we are.
To all the people that are against gay marriage I want to ask you something. What if a majority of people in this country all of a sudden decided that they don’t believe anyone should be allowed to be married? Would you fight this decision if such a proposition or bill was passed? I guarantee you would be upset and ready to fight for your rights of life, liberty and the pursuit of happiness. So why do you deny these same things from every citizen in this country?
Christina
oh prop 8 and this whole issue overall... I also doubt that yesterday's decision will be the last we hear of it. it's interesting to consider election results against Judge Walker's ruling... I think you're wise to point out the tension that certainly already exists between these two, tension that I imagine this carry this all the way to the SC.
ReplyDeleteI think you also get at an interesting, almost obvious, and so deeply embedded issue here in "who cares?" why do people care soooo much about what others do (esp when it's not impacting them at all)? whatsmore, how do people rationalize essentially changing their minds on people when they learn more details about them? it blows my mind...