For Prop 8, No Hollywood Endings

Consider what a dismal job the proponents of Prop 8 did at trial in this case, proffering mediocre witnesses who proffered mediocre evidence that gay marriage would harm children and imperil heterosexual marriage. (Who can forget Prop 8?s star witness David Blankenhorn?s admission that he knew of no study that proved children reared by gay couples fared worse than those raised by heterosexual parents.) Then, recall the almost painfully meticulous findings of fact (80! 80 findings of fact!) produced by Judge Vaughn Walker to support his conclusion that Proposition 8 violated not just the constitutional promise of equal protection, but also a fundamental right to marry the partner of one?s choosing. Against this dramatic backdrop, today?s 2-1 decision is downright modest, corralling the ruling to apply only in California, and only because of the indignity of Prop 8, which ?eliminated? a right that had already been granted same-sex couples. Confronted with massive constitutional questions, the majority wrote, ?We need not and do not answer the broader question in this case, however, because California had already?extended?to committed same-sex couples both the incidents of marriage and the official?designation?of ?marriage,? and Proposition 8?s only effect was to take away that important and legally significant designation, while leaving in place all of its?incidents.?

Source: http://feeds.slate.com/click.phdo?i=8330a4d5e028a787bd842d3b0a404d97

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