1 post tagged “constitution”

Federal judge taking long look at Prop. 8

http://www.sfgate.com/cgi-bin/article...

(06-30) 19:00 PDT SAN FRANCISCO -- A federal judge said Tuesday he's inclined to leave California's ban on same-sex marriage in effect for now, but wants an early trial to determine whether the voter-approved prohibition violates the U.S. Constitution's guarantee of equality.

Unlike the last attempt to knock down Prop. 8, this one looks promising--and since it's happening at the federal level, the results could be massive.  Basically, the defense will need to prove that there is a real and substantial reason to deny gays and lesbians the right to marry.  This will most likely include an attempt to show concrete damage to the foundation of male-female weddings, coupled with arguments that a child is best raised by one man and one woman.  If this can't be done, and done solidly and conclusively, then the judges will announce that the law exists only as a tool for one group of people to discriminate against another group, and is therefore unconstitutional and thus invalid.

Attorney for the defense Brian Raum has already gone on record as saying he doesn't see the need for a trial, as Prop. 8 doesn't prohibit gays and lesbians from marrying--provided that they marry someone of the opposite sex.  Yeah, things are looking up.