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CA Gay-Marriage Ban Upheld


Besides the Foley debacle, yet another setback for gay marriage.

http://www.latimes.com/news/local/la-me-marriage6oct06,0,5348699.story

Justice J. Anthony Kline, in a blistering 51-page dissent, complained that the ruling diminished “the humanity of the lesbians and gay men whose rights are defeated.”

“Judicial opinions upholding blanket denial of the right of gay men and lesbians to enter society’s most fundamental and sacred institution are as incompatible with liberty and equality, as inhumane, as the many opinions that upheld denial of that right to interracial couples,” said Kline, an appointee of then-Gov. Jerry Brown. “Like them, such opinions will not stand the test of time.”

Justice Kline’s dissent reminds me of Justice John Marshall Harlan’s dissent in Plessy v. Ferguson. In Kline’s case, he was one of three (rather than Harlan as one of eight). This opinion reflects my belief that nothing in the contemporary US Constitution is designed to preserve or create inequality. Reading narrow rights into the Constitution creates a slippery slope – for whom is it okay to restrict rights? Making those kinds of distinctions means that the rights guaranteed by the Constitution are malleable. If they are malleable, it means they can take anybody’s rights away.

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Filed under: Politics

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Idealink by vijtable is licensed under a Creative Commons Attribution-Share Alike 3.0 United States License.
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