Friday, August 06, 2010
Kicking Out the Props
Dahlia Lithwick at Slate has a nice summary of why Judge Vaughn R. Walker's decision on Prop 8 has been well-crafted to give it the best possible chance of surviving appellate review, including in the United States Supreme Court.
The following from the decision (citations omitted) is a good explanation of why the "Chicken Little argument" by the proponents of Prop 8 is fallacious:
Race restrictions on marital partners were once common in most states but are now seen as archaic, shameful or even bizarre. When the Supreme Court invalidated race restrictions in Loving [v. Virginia], the definition of the right to marry did not change. Instead, the Court recognized that race restrictions, despite their historical prevalence, stood in stark contrast to the concepts of liberty and choice inherent in the right to marry.
The marital bargain in California (along with other states) traditionally required that a woman’s legal and economic identity be subsumed by her husband’s upon marriage under the doctrine of coverture; this once-unquestioned aspect of marriage now is regarded as antithetical to the notion of marriage as a union of equals. As states moved to recognize the equality of the sexes, they eliminated laws and practices like coverture that had made gender a proxy for a spouse’s role within a marriage. Marriage was thus transformed from a male-dominated institution into an institution recognizing men and women as equals. Yet, individuals retained the right to marry; that right did not become different simply because the institution of marriage became compatible with gender equality.
The evidence at trial shows that marriage in the United States traditionally has not been open to same-sex couples. The evidence suggests many reasons for this tradition of exclusion, including gender roles mandated through coverture, social disapproval of same-sex relationships, and the reality that the vast majority of people are heterosexual and have had no reason to challenge the restriction. The evidence shows that the movement of marriage away from a gendered institution and toward an institution free from state-mandated gender roles reflects an evolution in the understanding of gender rather than a change in marriage. The evidence did not show any historical purpose for excluding same-sex couples from marriage, as states have never required spouses to have an ability or willingness to procreate in order to marry. Rather, the exclusion exists as an artifact of a time when the genders were seen as having distinct roles in society and in marriage. That time has passed.
The right to marry has been historically and remains the right to choose a spouse and, with mutual consent, join together and form a household. Race and gender restrictions shaped marriage during eras of race and gender inequality, but such restrictions were never part of the historical core of the institution of marriage. Today, gender is not relevant to the state in determining spouses’ obligations to each other and to their dependents. Relative gender composition aside, same-sex couples are situated identically to opposite-sex couples in terms of their ability to perform the rights and obligations of marriage under California law. Gender no longer forms an essential part of marriage; marriage under law is a union of equals. ...
Plaintiffs do not seek recognition of a new right. To characterize plaintiffs’ objective as “the right to same-sex marriage” would suggest that plaintiffs seek something different from what opposite-sex couples across the state enjoy — namely, marriage. Rather, plaintiffs ask California to recognize their relationships for what they are: marriages.
Comments:
<< Home
15.07.20daigege
true religion outlet
oakley sunglasses
kate spade handbags
prada outlet
tory burch outlet
coach outlet store online
oakley sunglasses discount
ralph lauren uk
pandora outlet
michael kors uk
nike blazer
soccer shoes
hollister clothing
gucci outlet
longchamp outlet
abercrombie
coach outlet online
hollister clothing store
ray ban glasses
burberry handbags
nike tn pas cher
mont blanc pen
michael kors outlet
cheap beats
fitflops sale clearance
michael kors handbags
gucci outlet
tory burch shoes
ed hardy
michael kors outlet online
abercrombie outlet
coach outlet
kate spade handbags
cheap ray ban sunglasses
michael kors
pandora charms 2015
kate spade bags
oakley sunglasses outlet
ray ban wayfarer
ray ban uk
true religion outlet
oakley sunglasses
kate spade handbags
prada outlet
tory burch outlet
coach outlet store online
oakley sunglasses discount
ralph lauren uk
pandora outlet
michael kors uk
nike blazer
soccer shoes
hollister clothing
gucci outlet
longchamp outlet
abercrombie
coach outlet online
hollister clothing store
ray ban glasses
burberry handbags
nike tn pas cher
mont blanc pen
michael kors outlet
cheap beats
fitflops sale clearance
michael kors handbags
gucci outlet
tory burch shoes
ed hardy
michael kors outlet online
abercrombie outlet
coach outlet
kate spade handbags
cheap ray ban sunglasses
michael kors
pandora charms 2015
kate spade bags
oakley sunglasses outlet
ray ban wayfarer
ray ban uk
2015-12-15keyun
lebron 12
nike air huarache
ugg sale
uggs for chea
polo ralph lauren
adidas originals store
kevin durant shoes
pandora charms
oakley sunglasses
ugg boots clearance
north face jackets
coach outlet online
louis vuitton outlet stores
coach outlet
michael kors outlet
louis vuitton bags
louis vuitton handbags
michael kors outlet clearance
canada goose coats
ugg sale
ugg boots sale
cheap uggs sale
michael kors handbags
lebron james basketball shoes
jordan concords
uggs on sale
michael kors handbags
canada goose outlet
louis vuitton purses
ray-ban sunglasses
louis vuitton outlet
abercrombie & fitch
louis vuitton outlet stores
jordan shoes
michaek kors outlet
oakley outlet
toms outlet
uggs outlet
coach factory outlet online
vans sneakers
lebron 12
nike air huarache
ugg sale
uggs for chea
polo ralph lauren
adidas originals store
kevin durant shoes
pandora charms
oakley sunglasses
ugg boots clearance
north face jackets
coach outlet online
louis vuitton outlet stores
coach outlet
michael kors outlet
louis vuitton bags
louis vuitton handbags
michael kors outlet clearance
canada goose coats
ugg sale
ugg boots sale
cheap uggs sale
michael kors handbags
lebron james basketball shoes
jordan concords
uggs on sale
michael kors handbags
canada goose outlet
louis vuitton purses
ray-ban sunglasses
louis vuitton outlet
abercrombie & fitch
louis vuitton outlet stores
jordan shoes
michaek kors outlet
oakley outlet
toms outlet
uggs outlet
coach factory outlet online
vans sneakers
kate spade outlet
coach outlet online
ugg outlet
ralph lauren
nike blazer
fitflops sale
ugg outlet
boston celtics jersey
michael kors handbags
air jordan 8
coach outlet online
ugg outlet
ralph lauren
nike blazer
fitflops sale
ugg outlet
boston celtics jersey
michael kors handbags
air jordan 8
moncler outlet
canada goose
green bay packers jerseys
baltimore ravens jerseys
fitflops
polo ralph lauren
nfl jerseys wholesale
mont blanc outlet
coach factory outlet
asics outlet
canada goose
green bay packers jerseys
baltimore ravens jerseys
fitflops
polo ralph lauren
nfl jerseys wholesale
mont blanc outlet
coach factory outlet
asics outlet
longchamp outlet
adidas nmd
hermes belt
hogan outlet
kyrie shoes
100% real jordans for cheap
moncler outlet
bape hoodie
jordan shoes
longchamp bags
adidas nmd
hermes belt
hogan outlet
kyrie shoes
100% real jordans for cheap
moncler outlet
bape hoodie
jordan shoes
longchamp bags
ultra boost 3.0
nike zoom
adidas ultra boost 3.0
air max 2017
nba jerseys
tom ford glasses
nike air force
nike air max 90
kobe byrant shoes
vans shoes
nike zoom
adidas ultra boost 3.0
air max 2017
nba jerseys
tom ford glasses
nike air force
nike air max 90
kobe byrant shoes
vans shoes
www0829
ray ban eyeglasses
nike shoes for men
salomon
maillot football pas cher
moncler online outlet
dsquared2
supreme new york
oakley sunglasses
canada goose
coach factory outlet
ray ban eyeglasses
nike shoes for men
salomon
maillot football pas cher
moncler online outlet
dsquared2
supreme new york
oakley sunglasses
canada goose
coach factory outlet
retro jordans
links of london
balenciaga shoes
coach outlet
nba jerseys
kd shoes
fila shoes
Kanye West shoes
hermes belts for men
golden goose
links of london
balenciaga shoes
coach outlet
nba jerseys
kd shoes
fila shoes
Kanye West shoes
hermes belts for men
golden goose
www1126
salomon shoes
moncler outlet
pandora
adidas shoes
nike shoes
fitflops clearance
giuseppe zanotti
jordan clothing
ralph lauren polo
pandora jewelry
Post a Comment
salomon shoes
moncler outlet
pandora
adidas shoes
nike shoes
fitflops clearance
giuseppe zanotti
jordan clothing
ralph lauren polo
pandora jewelry
<< Home