But Prop 8 was upheld, and no other same-gender marriages can be performed (or will be recognized) in California.
How incredibly ridiculous is that?
7 out of 7 judges upheld my marriage.
But only 1 out of 7 understood the basic principals at play under all the legalese - that for a majority to deny a minority its rights is NOT the American Way!
In Justice Moreno’s view, “[d]enying the designation of marriage to same-sex couples cannot fairly be described as a ‘narrow’ or ‘limited’ exception to the requirement of equal protection,” but adds that “even a narrow and limited exception to the promise of full equality strikes at the core of, and thus fundamentally alters, the guarantee of equal treatment . . . . Promising equal treatment to some is fundamentally different from promising equal treatment for all. Promising treatment that is almost equal is fundamentally different from ensuring truly equal treatment. Granting a disfavored minority only some of the rights enjoyed by the majority is fundamentally different from recognizing, as a constitutional imperative, that they must be granted all of those rights.”
Justice Moreno declares that “Proposition 8 represents an unprecedented instance of a majority of voters altering the meaning of the equal protection clause by modifying the California Constitution to require deprivation of a fundamental right on the basis of a suspect classification.” He states that “[t]he rule the majority crafts today not only allows same-sex couples to be stripped of the right to marry that this court recognized in the Marriage Cases, it places at risk the state constitutional rights of all disfavored minorities” and “weakens the status of our state Constitution as a bulwark of fundamental rights for minorities protected from the will of the majority.”
I suggest the other 6 Justices, and everyone else for that matter, re-read this:
And think about the spirit and the meaning of these words, from the Preamble to our nation's "DECLARATION OF INDEPENDENCE"
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
Everyone can understand ALL people should have equal rights. I was raised to believe that's what AMERICA stands for!
The California Supreme Court embarrassed itself today with this Prop 8 ruling. And while I'm grateful that they upheld the legality of my marriage, I'm appalled at their coming down on the WRONG side of equality for everyone else.
A little sweet.
A lot bitter.
A very bitter-sweet day.
The fight will continue...