Clarification of Thought: New Gay Marriage Ruling in California

Chief U.S. District Judge Vaughn R. Walker (AP Photo)

This week, in the nation’s first federal trial on same-sex marriage, Judge Vaughn R. Walker ruled that California’s Proposition 8 that banned same-sex marriage violates the U.S. Constitution’s 14th Amendment guarantees of due process and equal protection (Judge Strikes California’s Ban on Same-Sex Marriage, Proposition 8).

Judge Walker’s ruling is very important for further study. I found his legal brief to be extremely cogent. Whether you are “for” or “against” gay marriage, it is worth the read to gain deeper understanding in what the state’s interest is in marriage – and how that interest has changed over time.

If you are involved in faith-based political organizing, I would also highly recommend reading the brief. There were more than 1700 religious organizations allied in support of Proposition 8 and the judge makes very clear that their arguments were insufficient when it came to the law. There is much in the case that’s instructive on what is the proper role of religion in society and what is not. It explores the narrow area where church meets state.

If you want to know why gay people want to get “married,” rather than just getting “domestic partnerships” or “civil unions,” the testimonies of the witnesses are very compelling.

If you think that “loving the sinner and hating sin” has no negative repercussions, then read the section on how religion is a leading indicator in hate crimes against gays and suicide by gays.

Below I’m including a series of excerpts that I found worthy of further study. As many continue to weigh, test, study, and form our consciences on this issue, reading this ruling will aid in what deeper clarification of thought. (You can read the original ruling here or scroll to the very bottom.) Let me know what you think.

Religious Beliefs and the State
“The state’s interest in an enactment must of course be secular in nature. The state does not have an interest in enforcing private moral or religious beliefs without an accompanying secular purpose.” – U.S. District Chief Judge Vaughn Walker, on unconstitutionality of California’s Proposition 8 (4 August 2010)

State’s Interest in Marriage
“The court posed to proponent’s counsel the assumption that “the state’s interest in marriage is procreative” and inquired how permitting same-sex marriage impairs or adversely affects that interest. [Doc. 228 at 21.] Counsel replied that the inquiry was “not the legally relevant question,” [ID]but when pressed for an answer, counsel replied: “Your honor, my answer is: I don’t know. I don’t know.” [ID at 23.]

Continue reading “Clarification of Thought: New Gay Marriage Ruling in California”

‘Las Novias’: Same-Sex Marriage in Mexico City

Mexico wedding portrait
Jesusa Rodríguez and Liliana Felipe

I love Mexico. And now I have a reason to love it even more. Tomorrow, Mexico City will be the first in Latin America to put into effect laws legalizing same-sex marriage and adoption. (Mexico City legalized same-sex civil unions back in 2007.) There is, of course, sharp criticism and hand-wringing from my beloved Catholic Church hierarchy and social conservatives — but with a 50 percent approval rate for gay marriage among regular Mexicans (89 percent of whom are Catholic), I’d say that the laity are once again leading the way.

Here’s an excerpt from today’s Washington Post article:

On Thursday, [Mexico City] this sprawling megalopolis will catapult to the front lines of gay rights in Latin America when a city law legalizing same-sex marriage and adoption goes into effect. … Mexican actress Jesusa Rodríguez will marry her partner, Liliana Felipe, after 30 years together. “The important thing is that this law grants equality,” Rodríguez said. Many marriage-minded gay couples are preoccupied by concerns about the security of their loved ones. Reyna Barrera, 70, had a breast removed two months ago, and although she is weak from chemotherapy, she is busy planning her wedding to her partner of 36 years, Sandra Ponce. “This way, she is protected. She will get my pension, our house, everything from the life we built together,” said Barrera, a literature professor at Mexico’s National Autonomous University.

The Legislative Assembly passed the gay marriage act by a broad majority in December, as activists cheered and PAN representatives looked on in dismay. Mayor Marcelo Ebrard, a PRD leader, signed the bill into law — a first in Latin America. … Mexico City legalized same-sex civil unions in 2007; they also are recognized in Colombia, Uruguay, Brazil, Ecuador and Argentina, but advocates for gay rights say only marriage can protect the rights of families in such matters as property and custody. … An opinion poll by El Universal newspaper in November found that 50 percent of Mexico City respondents accepted gay marriage and 38 percent opposed it. Residents ages 18 to 39 were more likely to be supporters.

Read the whole article here.