Misblog

Today the California Supreme Court in In re Marriage Cases (500K pdf), invalidated all prohibition on "same-sex marriages" in California.

All schemes (e.g. civil unions, domestic partnership etc.) treating "same-sex marriages" different from "opposite-sex marriages" now violate equal protection and are henceforth illegal in California.

The California and Massachusetts rulings granting equal protection for "same-opposite-sex marriages", effectively begins the end of differentiating individuals based on their spouse's gender identity or sexual orientation¹.

"...we conclude that strict scrutiny nonetheless is applicable here because (1) the statutes in question properly must be understood as classifying or discriminating on the basis of sexual orientation, a characteristic that we conclude represents — like gender, race, and religion —a constitutionally suspect basis upon which to impose differential treatment, and (2) the differential treatment at issue impinges upon a same-sex couple’s fundamental interest in having their family relationship accorded the same respect and dignity enjoyed by an opposite-sex couple."--California Supreme Court, In Re Marriage Cases--

Kudos to Mayor Gavin Newsom, San Franciscans, California Supreme Court, and all those who fearlessly struggle to discover and develop their individual identity, regardless of the cost.

Web: California Supreme Court, High Profile Case, In re Marriage Cases

-----notes-----

1. The Court went out of its way to say that it was not impugning the motives of those attempting to use the machinery of the state to define marriage as unions between opposite-sex individuals.

Religious institutions may continue their long tradition and history of distinguishing marriage according to the dictates and dogma of their particular institution and membership.