Prop 8...

...has been called unconstitutional by the California federal courts on the basis of the Fourteenth Amendment, the due process and equal protection clauses. The plaintiffs claimed that Prop 8 "unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation," according the judge. In the end, the judge decided that Prop 8 "fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license," and was therefore unconstitutional.

Apparently, both Gov. Arnold Schwarzenegger and the L.A. Mayor Antonio Villaraigosa agreed with the judge and praised him for having the courage to stand up for the Constitution.

Of course, they are going to be appealing this decision. Hopefully, it goes to the United States Supreme Court and they are forced to overturn the Defense of Marriage Act (which is, as I have said before, unconstitutional.) This is a huge success for gay couples in California and rest of the country and it is long overdue.

By the way, I got all my information from this article.

Unconstitutional Laws

I was reading my We the People government textbook because that's part of my summer homework, and I came across a point they made. The author was trying to explain fundamental rights by giving examples of rights the courts have deemed "fundamental." Get this. Their first example of a "fundamental right" was the right to marry and have children.

Is it ironic that this textbook claims that marriage is a fundamental right (which means that all people enjoy it, no if's, and's, or but's) in a country where, federally, it is only legal for certain people to marry? Or is it just disgusting bullshit fed to students by the government? Are they trying to tell us that gay marriage isn't really marriage?

And while we're on the subject of gay marriage, the Protection of Marriage Act states that in states that have not legalized gay marriage, a marriage between two people of the same gender performed in another state that has legalized it is not official anymore. So, if I get married to a woman in Vermont and then move to California, we're not married anymore.

THIS DIRECTLY VIOLATES THE CONSTITUTION! The "full faith and credit clause" is what enables people who obtain a license in one state to still drive legally in another. It states that "full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state." This means that a marriage, which is a public act and it is kept on record, should be valid in every state. This is true of heterosexual marriages, but not gay ones. It is not only morally wrong, but it directly violates the Constitution.