California Legalizes Gay Marriage

Here’s the story (with a link to the opinion about half way down the page):

In a monumental victory for the gay rights movement, the California Supreme Court overturned a voter-approved ban on gay marriage Thursday in a ruling that would allow same-sex couples in the nation’s biggest state to tie the knot.

Having not read the opinion, I won’t say much about it right now. But I don’t expect to find much new, most of the arguments are the same, even if adjusted for each state in which they are made. (See, e.g. cases from New York, Arkansas, New Jersey). Those in favor of gay marriage argue, correctly, that equal protection means the state has to have a legitimate reason to offer one group of people a benefit it denies to others. States give heterosexual, but not homosexual, couples all kinds of special marriage benefits. Sexual orientation, however, the gay rights advocates assert, is not a legitimate reason to give benefits to the one group but not the other. Hence, gay couples deserve the same rights as heterosexual couples. The anti-gay side then responds with three different arguments: One, the distinction is legitimate, because the goal is to promote healthy children, and gay couples can’t have children.  Two, this is none of the court’s business; whatever the other two branches want to do about marriage is final. Three, we’ve always done it this way. I think the pro gay rights argument is legally correct, and that decisions against gay marriage are almost always motivated by political or religious beliefs, rather than strict adherence to the law.

Like I said, though, I have not read the opinion. Nor am I a practicing attorney anymore. So I don’t want to discuss the legal niceties. I do want to say that I am not only sure the California Court reached the correct legal result, I am glad it reached the correct legal result.

I used to be the kind of person who would have shouted down this court decision as an atrocity that would bring God’s wrath down on America. Then I became the type of person who could distinguish between legal and good, supporting the right to marry, even if I personally disapproved of it. Now If any of the gay couples I know wanted to go to California to get married, I’d help buy the tickets. And when they came home, if they wanted to protest our own state’s legally sanctioned bigotry, I’d probably join them.

The truth is there is no reason to oppose gay marriage, or gay anything. There’s lots of superstitions, and myths, and ignorance, and fiats from ancient books. If you take the time to actually meet a few gay people, though, you’ll discover there isn’t any basis for your blanket prejudice. Sure, there’s the obvious, and sure, you can make general statements about “gay people” (just like you can “black people” or “southern people” or “British people”) but essentially, they aren’t any different than any other “type” of person. They’re individuals just like any other individuals and if you ignore the animosity towards “gay people” and treat them that way, you’ll have a hard time retaining the animosity. I did anyway.

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Explore posts in the same categories: The Homosexual Agenda

5 Comments on “California Legalizes Gay Marriage”

  1. ATodd Says:

    I’ll take you up on that ticket offer. Sept. 21st, morning flight preferred. Thanks Wheeler!! You are the best 🙂

  2. wheeler Says:

    note that i did not say what kind of tickets.

  3. ATodd Says:

    Indian Giver

  4. Lisa Says:

    WOW! I agree that you should not turn someone away for the way that the feel inside. That was an awesome post! Nicely said!

  5. lemare Says:

    I agree with you on many points, but present some other impacts of changing the definition of marriage:

    http://inrareform.wordpress.com/2008/10/21/vote-yes-on-prop-8/


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