Friday, May 16, 2008

PostHeaderIcon What a week...

Been rather hectic for me this week, but even so, yesterday's ruling by the California Supreme Court was a big net positive.

From the majority opinion, written by Chief Justice George (pp. 120-121)

"Accordingly, in light of the conclusions we reach concerning the constitutional questions brought to us for resolution, we determine that the language of section 300 limiting the designation of marriage to a union ³between a man and a woman² is unconstitutional and must be stricken from the statute, and that the remaining statutory language must be understood as making the designation of marriage available both to opposite-sex and same-sex couples. In addition, because the limitation of marriage to opposite-sex couples imposed by section 308.5 can have no constitutionally permissible effect in light of the constitutional conclusions set forth in this opinion, that provision cannot stand. Plaintiffs are entitled to the issuance of a writ of mandate directing the appropriate state officials to take all actions necessary to effectuate our ruling in this case so as to ensure that county clerks and other local officials throughout the state, in performing their duty to enforce the marriage statutes in their jurisdictions, apply those provisions in a manner consistent with the decision of this court. Further, as the prevailing parties, plaintiffs are entitled to their costs. The judgment of the Court of Appeal is reversed, and the matter is remanded to that court for further action consistent with this opinion."

Of course, the fundies are up in arms -- but that's why they keep trying for constitutional amendments... they know that time is not on their side.


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