Tag Archive for constitutional rights

NY Times: Marriage is a Constitutional Right

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

From the editorial: “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.”

He then dismantled, brick by crumbling brick, the weak case made by supporters of Proposition 8 and laid out the facts presented in testimony. The two witnesses called by the supporters (the state having bowed out of the case) had no credibility, he said, and presented no evidence that same-sex marriage harmed society or the institution of marriage.”

Iowa’s Same Sex Marriage Decision: What it Says and What it Means

In 1998, the Iowa legislature, capitulating to a well-funded national campaign against gay marriage, amended the state’s marriage statute to define marriage as a union between only a man and a woman.Today, in a stunning, courageous, and powerfully written decision, the Iowa Supreme Court unanimously ruled that the state’s anti-gay marriage statute is invalid because…

Prop 8: What’s Really at Stake for the California Supreme Court

The primary legal issue at tomorrow’s hearing before the California Supreme Court on the same sex marriage Prop 8 case is the narrow and extremely arcane question whether Prop 8 is an amendment to the state constitution or a revision of the state constitution. But appellate cases – and especially high profile and controversial appellate cases — are rarely decided on such narrow and arcane questions of law, even though lawyers and judges must pretend that they are. What’s really at stake in the Prop 8 case – and what will probably be the real deciding factor in the California Supreme Court’s decision – is the power and prestige of the California Supreme Court itself.