Meanwhile…back at the Constitution………

Prop 8 for those who may have been under a rock looking for the representative is that same sex marriage ballot initiative in California that would have not allowed same sex partners to wed….well, it seems that a federal judge has thrown out the prop 8results and has set up a showdown on same sex marriage in the Supreme Court this Fall…..

First of all, I want to say that I do not normally comment on things of a moral nature because it is none of my business….what people do in the privacy of their home is none of my business and definitively none of the government’s business…..but I will make an exception this time because we will be dealing with the Constitution of the United States….

Basically this is what Judge Walker had to say about the ban on same sex marriage:

Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.

Unconstitutional?  This is the issue that will send this to the Supreme Court….the constitutionality of the ban.

It seems you cannot make a ruling that does not apply to all Americans….it is called equal protection under the law…..and the states that have passed referendums on banning same sex marriage could be struck down because state law cannot undermine federal law……

And yes it will be a civil rights thing……not to compare it to the marches of the 1960’s….I am referring to the concept of denies rights to a group of Americans in favor of another group…….and again “equal protection under the law”……

It will be fascinating to see how this will play out in the Supreme Court….will the referees of our political system use the rules and laws of the country to settle a dispute or will they do what they are accused of doing…..being activists and disregard the Constitution?