San Francisco Chronicle: Stay of Prop. 8 ruling jilts equality
August 17, 2010
Posted on sfgate.com:
"A three-judge panel of the Ninth U.S. Circuit Court of Appeals took the cautious route Monday by putting weddings for same-sex couples on hold until it can review a ruling that would have allowed them to proceed this week.
"Opponents of the freedom to marry had made a last-minute appeal, arguing that the resumption of such weddings would undermine the traditional understanding of marriage and the encouragement of responsible procreation.
"The arguments for preserving marriage discrimination in the state Constitution, as prescribed by Proposition 8, were thoroughly reviewed and debunked in Judge Vaughn Walker's Aug. 4 ruling that found no rational basis or state interest to support such a restriction.
"Walker's reasoning was supported by this state's experience when 18,000 same-sex couples were married before the passage of Prop. 8 in Nov. 2008. Those marriages produced no discernible harm to the state of heterosexual unions or the ability of Californians to bear children and raise them in a supportive home environment. What the passage of Proposition 8 did was create two classes of gays and lesbians...
"Barring intervention from the U.S. Supreme Court, the three-judge appellate panel's ruling will allow this two-tiered system to endure until at least December. There will be no rush to the altar, no rush to remedy an entrenched wrong. History is on hold."
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