In a stunningly worded decision, A U.S. district chief judge overturned the California amendment Proposition 8, which banned same-sex couples from getting married. I recommend everyone read this decision, it is one of the best worded and cited arguments against the bigotry and religious hysteria that drove Prop 8 ever penned.
http://www.ce9.uscourts.gov/prop8/FF_CL_Final.pdf
Here are some choice passages:
The religious do not get to define what marriage is:
Domestic Partnerships are simply a consolation prize to marriage, and represent the state officially sanctioning discrimination based on sexual orientation
Calling the Mormons on their bullshit
The "it's about children" argument is nothing but hot air
Civil rights are not up to a popularity contest:
http://www.ce9.uscourts.gov/prop8/FF_CL_Final.pdf
Here are some choice passages:
The religious do not get to define what marriage is:
Marriage in the United States has always been a civil matter.
Civil authorities may permit religious leaders to solemnize
marriages but not to determine who may enter or leave a civil
marriage. Religious leaders may determine independently
whether to recognize a civil marriage or divorce but that
recognition or lack thereof has no effect on the relationship
under state law. P 60
Individuals do not generally choose their sexual orientation.
No credible evidence supports a finding that an individual
may, through conscious decision, therapeutic intervention or
any other method, change his or her sexual orientation. P. 73
Domestic Partnerships are simply a consolation prize to marriage, and represent the state officially sanctioning discrimination based on sexual orientation
Domestic partnerships lack the social meaning associated with marriage, and marriage is widely regarded as the definitive
expression of love and commitment in the United States. P. 80
Domestic partners are not married under California law. California domestic partnerships may not be recognized in
other states and are not recognized by the federal government. P 81
Proposition 8 singles out gays and lesbians and legitimates their unequal treatment. Proposition 8 perpetuates the
stereotype that gays and lesbians are incapable of forming long-term loving relationships and that gays and lesbians are
not good parents.
Calling the Mormons on their bullshit
The Proposition 8 campaign relied on fears that children exposed to the concept of same-sex marriage may become gay or
lesbian. The reason children need to be protected from same sex marriage was never articulated in official campaign
advertisements. Nevertheless, the advertisements insinuated that learning about same-sex marriage could make a child gay
or lesbian and that parents should dread having a gay or lesbian child.
The "it's about children" argument is nothing but hot air
Never has the state inquired into procreative capacity or intent before issuing a marriage license; indeed, a marriage
license is more than a license to have procreative sexual intercourse. FF 21. "t would demean a married couple were it
to be said marriage is simply about the right to have sexual intercourse." Lawrence, 539 US at 567.
Civil rights are not up to a popularity contest:
That the majority of California voters supported Proposition 8 is irrelevant, as "fundamental rights may
not be submitted to [a] vote; they depend on the outcome of no elections.
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 [of the 14th Amendment] was designed to protect.