Thursday, November 6, 2008


Even though California voters approved Proposition 8 which amends the California constitution to prohibit gay marriage, all is not lost for those who believe the state should recognize the right to marriage for all.

For a state constitution to deprive two males or two females of the legal rights of marriage is on its face inimical to equal protection for all. California recognizes marriage and its attendant rights between a male and a female. Equal protection under the law requires that the state also recognize marriage between two consenting adults.

I predict that plaintiffs will quickly bring lawsuits challenging the damage that Proposition 8 tries to inflict on homosexuals wishing to marry in California. The California Supreme Court will not allow the ban on gay marriage to stand.

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