NY Times: Marriage is a Constitutional Right

The New York Times has one of the best editorials on the Proposition 8 decision from yesterday. Read the editorial here.

From the piece:  “The decision, though an instant landmark in American legal history, is more than that. It also is a stirring and eloquently reasoned denunciation of all forms of irrational discrimination, the latest link in a chain of pathbreaking decisions that permitted interracial marriages and decriminalized gay sex between consenting adults.

As the case heads toward appeals at the circuit level and probably the Supreme Court, Judge Walker’s opinion will provide a firm legal foundation that will be difficult for appellate judges to assail.

The case was brought by two gay couples who said California’s Proposition 8, which passed in 2008 with 52 percent of the vote, discriminated against them by prohibiting same-sex marriage and relegating them to domestic partnerships. The judge easily dismissed the idea that discrimination is permissible if a majority of voters approve it; the referendum’s outcome was “irrelevant,” he said, quoting a 1943 case, because “fundamental rights may not be submitted to a vote.”

  3 comments for “NY Times: Marriage is a Constitutional Right

  1. August 5, 2010 at 10:20 am

    A rational U.S. Supreme Court will find that the states have the authority to define marriage.
    California defined marriage to be between “A Man and A Woman”.

    It’s really that simple.

    • August 5, 2010 at 2:01 pm

      No state can enact a law that violates the US Constitution, whatever the subject. Same-sex marriage or immigration, no matter. The US Constitution takes precedence. That’s how simple it really is.

  2. Ltpar
    August 5, 2010 at 8:04 pm

    As with a multitude of issues this country faces, perception is in the eye of the beholder. Your opinion is that Gay Marriage and Immigration are inalienable rights guaranteed by our founding fathers. Mine is they are not. None of us was around then and can’t pretend to understand the mindset of the writers of the Constitution. Part of the problem is however, that “activist” Judges take it upon themselves to read the minds of those who wrote the law? I might add, they do this without a crystal ball or tea leaves.

    While there were gays around in those early days, one can suggest with some confidence that there was not a big discussion between Thomas Jefferson and Ben Franklin over whether Barney should be allowed to marry Hank. As you may recall, such conduct was considered to be abhorrent then and that standard prevailed until the 1970’s when enlightened minds determined otherwise. I remember being asked a question once on a polygraph examination for a positon of trust. The question was, “Have you ever committed any abnormal sexual act?” Being a unsophisticated boy from a small Texas town, I had no idea what an abnormal sex act was. The polygraph examiner further clarified, “abnormal sex was sexual contact “Man to man or man to animal.” I passed the test and got the job.

    The above happened when the country still had decent moral standards, worshipped God openly and kids were taught to respect their parents and others, love their country, flag, mom and apple pie in school. One day when historians look back at the downfall of the former great Republic of America, there will be similarities between us and the Roman Empire. American philosopher, George Santayana pretty much had it correct when stating, ““Those who do not learn from history are doomed to repeat it.”

    Even with the Progressives, Socialists and Marxists in control of the country, fortunately we still have a small conservative majority on the United States Supreme Court. This is where the Gay Marriage, Immigration and a host of other leftist issues will be decided. Who knows, while Washington burns, as did Rome of old, maybe, just mabye, with the will and grace of God, America can still be saved?

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