The California Supreme Court upheld the slim majority that provided the margin for Proposition 8 to step outside of the boundaries of the Constitution thereby applying an asterisk next to the equal protection under the law clause at it relates to the LGBT community.
There is something very disconcersting that allows the majority to take away the rights of a minority. Though a decision that was expected by those closely following the issue, there are troubling anomalies created by the courts decision. Upholding the ban on same-gender marriage, while preserving the 18,000 marriages performed based on the court’s decision last May that same-sex marriage was lawful creates two different class distinctions. Regardless of where one comes down on the issue; the trajectory in California is clearly headed toward full equality for gay marriage. While that, along with the affirmation of the 18,000 couples whose marriages are still valid ought to provide some measure of comfort, it is difficult to be hopeful when one’s second-class citizenship has been justified by the courts. The court was deferential to the will of the people by allowing marriage to only be between a man and a woman. How can the state comply with having the definition of marriage for one class of people, deny it for another, and not have it challenge the equal protection clause? It seems the problem hinges on a single word: marriage? Maybe the court ruling suggests that it’s time for the state to get out of the marriage business altogether. Let the term "marriage" be one that is the property of religious institutions, but everyone, regardless of their beliefs, must apply and receive a domestic partnership license that provides equal rights and privileges by the state. This would allow the state to be consistent with its own Constitution, remove marriage from the debate, and insure that all are created equal and have been endowed with certain unalienable rights, among them life liberty and the pursuit of happiness.
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