{"id":4282,"date":"2010-08-05T15:21:27","date_gmt":"2010-08-05T19:21:27","guid":{"rendered":"http:\/\/1boringoldman.com\/?p=4282"},"modified":"2010-08-05T15:44:08","modified_gmt":"2010-08-05T19:44:08","slug":"a-fine-decision","status":"publish","type":"post","link":"https:\/\/1boringoldman.com\/index.php\/2010\/08\/05\/a-fine-decision\/","title":{"rendered":"a mighty fine decision&#8230;"},"content":{"rendered":"<br \/>\n<blockquote>\n<div align=\"center\"><strong>Marriage Is a Constitutional Right<br \/> New York Times<\/strong><br \/> August 4, 2010<\/div>\n<p align=\"justify\">Until Wednesday, the thousands of same-sex couples who have married did  so because a state judge or Legislature allowed them to. The nation&rsquo;s  most fundamental guarantees of freedom, set out in the Constitution,  were not part of the equation. That has changed with the historic  decision by a federal judge in California, Vaughn Walker, that said his  state&rsquo;s ban on same-sex marriage violated the 14th Amendment&rsquo;s rights to  equal protection and due process of law. The <strong><a href=\"http:\/\/graphics8.nytimes.com\/packages\/pdf\/us\/20100804_prop8_decision.pdf\" title=\"PDF of the opinion\">decision<\/a><\/strong>,  though an instant landmark in American legal history, is more than  that. It also is a stirring and eloquently reasoned denunciation of all  forms of irrational discrimination, the latest link in a chain of  pathbreaking decisions that permitted interracial marriages and  decriminalized gay sex between consenting adults&#8230;<\/p>\n<p align=\"justify\">The judge easily dismissed the  idea that discrimination is permissible if a majority of voters approve  it; the referendum&rsquo;s outcome was &ldquo;irrelevant,&rdquo; he said, quoting a 1943  case, because &ldquo;fundamental rights may not be submitted to a vote.&rdquo; He then dismantled, brick by crumbling brick, the weak case made by  supporters of Proposition 8 and laid out the facts presented in  testimony. The two witnesses called by the supporters (the state having  bowed out of the case) had no credibility, he said, and presented no  evidence that same-sex marriage harmed society or the institution of  marriage&#8230;\t\t<\/p>\n<p align=\"justify\">The real reason for Proposition 8, he wrote, is a  moral view &ldquo;that there is something wrong with same-sex couples,&rdquo; and  that is not a permissible reason for legislation. <strong><font color=\"#200020\">&ldquo;Moral disapproval alone,&rdquo; he wrote, in words that could someday help  change history, &ldquo;is an improper basis on which to deny rights to gay men  and women&rdquo;&#8230;<\/font><\/strong><\/p>\n<div align=\"justify\">Just as they did for racial equality in previous decades, the moment has  arrived for the federal courts to bestow full equality to millions of  gay men and lesbians.<\/div>\n<\/blockquote>\n<div align=\"justify\">For the last decade, we&#8217;ve lived in a place that I haven&#8217;t recognized as the America I grew up in. Even though I grew up in the segregated south, I was taught that segregation was wrong. And as the movement to right that wrong was gaining steam, then only real question was <em>when<\/em> would it get made right, not <em>if<\/em> it would get made right. And when the Constitutional Amendment called the ERA Amendment failed, the question wasn&#8217;t about whether there would be equal rights for women. That would continue to happen. It was only about putting it in the Constitution over the objections of the dinosaurs. This issue has been different &#8211; the opposite. It was putting prejudice <u>into<\/u> a Constitution. <\/div>\n<p align=\"justify\">But for this first decade, we&#8217;ve been bludgeoned by a specific religious view that is unacceptable in this country. We were founded on the premise that we are all equal, &quot;endowed by our Creator&quot; as equal. But for this painful era, that was challenged in almost every election. To listen to the campaign ads, this country was only about Gay Marriage, Abortion, and Stem Cell research. Our &quot;Creator&quot; had been declared a bigot.<\/p>\n<div align=\"justify\">So as glad as I am to hear that Judge Vaughn Walker affirmed the inclusion of our Gay Americans into our <em>country&#8217;s <\/em><em>equality <\/em><em> [not aliens]<\/em>, I&#8217;m glad that the decade of Jerry Falwell and James Dobson may finally be drifting into historical obscurity, and that our Creator is being restored to sanity&#8230;<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Marriage Is a Constitutional Right New York Times August 4, 2010 Until Wednesday, the thousands of same-sex couples who have married did so because a state judge or Legislature allowed them to. The nation&rsquo;s most fundamental guarantees of freedom, set out in the Constitution, were not part of the equation. That has changed with the [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_bbp_topic_count":0,"_bbp_reply_count":0,"_bbp_total_topic_count":0,"_bbp_total_reply_count":0,"_bbp_voice_count":0,"_bbp_anonymous_reply_count":0,"_bbp_forum_subforum_count":0,"footnotes":""},"categories":[2],"tags":[],"class_list":["post-4282","post","type-post","status-publish","format-standard","hentry","category-politics"],"_links":{"self":[{"href":"https:\/\/1boringoldman.com\/index.php\/wp-json\/wp\/v2\/posts\/4282","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/1boringoldman.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/1boringoldman.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/1boringoldman.com\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/1boringoldman.com\/index.php\/wp-json\/wp\/v2\/comments?post=4282"}],"version-history":[{"count":0,"href":"https:\/\/1boringoldman.com\/index.php\/wp-json\/wp\/v2\/posts\/4282\/revisions"}],"wp:attachment":[{"href":"https:\/\/1boringoldman.com\/index.php\/wp-json\/wp\/v2\/media?parent=4282"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/1boringoldman.com\/index.php\/wp-json\/wp\/v2\/categories?post=4282"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/1boringoldman.com\/index.php\/wp-json\/wp\/v2\/tags?post=4282"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}