Wednesday, August 04, 2010

Proposition 8 Overturned; Thank You, Judge Vaughn Walker



From the decision:

"Although Proposition 8 fails to possess even a rational basis, the evidence presented at trial shows that gays and lesbians are the type of minority strict scrutiny was designed to protect.

"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.

"Proposition 8 places the force of law behind stigmas against gays and lesbians, including: gays and lesbians do not have intimate relationships similar to heterosexual couples; gays and lesbians are not as good as heterosexuals; and gay and lesbian relationships do not deserve the full recognition of society."

-- Judge Vaughn Walker

3 Comments:

Blogger saurny said...

Hello Prof Mesmer (Sharon),
Vaughn Walker is an historic judge for sure, and he does deserve to be honored! It took courage since he could predict that his own gayness would eventually leak out and invite attacks for compromised impartiality...which is exactly what did happen. The whole reason we have an independent judiciary is so that judges may act with more enlightenment than the democratic rabble, so to speak. There is no judge who is not in some sense and to some degree an activist, since his judgements will actively change things and he must decide in what direction to push. The history of the US judiciary is one of implicit activism, so Judge Walker is well within compass.

Straight allies are very precious, if you happen to be one!

Apologies in advance: I came to this blogspot trying to find contact info so I could ask you a little more than what's at the New School site, about your upcoming experimental fiction course. I'm not sure I would fit well in this class. You can find me on Facebook or LinkedIn to respond (if you will) & thanks!!--sincerely--Hugo Saurny

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