naked: gay marriage for everyone! why we love the california supreme court

You might have heard how, on May 16, California legislature pulled its thumb out of its ass, and overturned the gay marriage ban, ruling that restricting marriage to heterosexual couples violates state constitution, which guarantees equal protection under the law. Basically, everyone has the fundamental right to marry whomever they please, regardless of gender.

I could complain that it’s been far too long in coming, be incredibly pessimistic and talk about how long this is going to last–right up until the November elections, and the initiative to amend the constitution, in fact. But instead, I’m going to tear up a little bit, and be very proud of the state I consider home (as if I had something to do with it! but still). The concurring opinion, written by associate Justice Kennard, will make you proud, too.

There is a reason why the words “Equal Justice Under Law” are inscribed
above the entrance to the courthouse of the United States Supreme
Court. Both the federal and the state Constitutions guarantee to all
the “equal protection of the laws” (U.S. Const., 14th Amend.; Cal.
Const., art. I, ยง 7), and it is the particular responsibility of the
judiciary to enforce those guarantees. The architects of our federal
and state Constitutions understood that widespread and deeply rooted
prejudices may lead majoritarian institutions to deny fundamental
freedoms to unpopular minority groups, and that the most effective
remedy for this form of oppression is an independent
judiciary charged with the solemn responsibility to interpret and
enforce the constitutional provisions guaranteeing fundamental freedoms
and equal protection.

And among my favorite stories following all of this is that George Takei, one of my childhood heroes (and hey! now on Heroes), is going to marry his sweetheart of 21 years.
Here is where many terrible jokes would go about the final frontier, if
I wasn’t such a sap and busy bouncing up and down in my seat and going
squee.

  1 comment for “naked: gay marriage for everyone! why we love the california supreme court

  1. Beth
    May 20, 2008 at 6:30 pm

    Hey! Don’t be negative! Yes, I’m sure there will be a measure on the ballot to change the state constitution, but it hasn’t passed yet. There is still a very good chance it’ll be voted down. The bill to ban marriage in the first place passed by less than 15% (if I remember correctly)so it is quite obvious that bigotry won’t necessarily win out.
    I’m going to be working very hard to campaign to keep the court’s decision legal and if enough other people do as well, and if people get out and vote love can win this one.

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