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February 07, 2012

BREAKING: 9th Circuit Panel Rules Prop 8's Ban On Same Sex Marriages Unconstitutional

That's slightly less surprising than the sun rising in the east tomorrow.

Stand by for more.

Quick addition-

The court’s decision upheld a 2010 decision by former Judge R. Vaughn Walker that found marriage to be a fundamental right protected by the Constitution, and that the proposition “fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license

The actual words of the Constitution? The will of California's majority? Thousands of years of human experience? Meh...never heard of them.

For the record, I'm a Tenth Amendment guy on this. If states, like NY, want to enact same-sex marriage, that's up to them. But finding it a "fundamental" federal right? That's simply judicial overreach.

Via Gabe here's the decision (pdf).

Update (again via Gabe) The court apparently didn't find a "fundamental" right to marriage. Instead according to Gabe , "It's much narrower decision than a "fundamental right to marriage" case. It's purely Romer's animus, "rational basis plus" reasoning."

Romer v. Evans is the handiwork of one Justice Anthony.


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posted by DrewM. at 01:16 PM

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