Tuesday, May 26, 2009

Damage limitation in California

News just in that prop 8 banning same sex marriage has been upheld by the California's Supreme Court - the ruling can be found here.

The ruling is as expected from judges' comments in oral argument and therefore unsurprising to that extent.

The key point of interest to me is that on page 92 of the ruling they uphold explicitly that discrimination on grounds of sexual orientation is held to be 'suspect' - similarly to discrimination on grounds of gender or race and that prop 8 is accepted only on the basis it relates solely to nomenclature (i.e. the title of marriage) and is a 'narrowly drawn exception'.

This is therefore a good ruling (in the circumstances - we'd rather not be here at all) and we can look forward to prop 8 itself being reversed at some future point by the voters of California a few years down the line.

Reaction from Andrew Sullivan welcoming the ruling (referring to it as being the 'right call') here - also with a link to the ruling.

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