“Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license,” wrote U.S. District Court Judge Vaughn Walker in ruling the amendment to the California Constitution violates the U.S. Constitution.
The decision striking down the attempt by Golden State voters to enact their personal prejudices into law was not only correct, but a perfect case in point of democracy run amok. And why the founders of our republic insisted on a Bill of Rights — explicit protections against unbridled majoritarianism – as a condition of ratifying the Constitution.
Although Judge Walker was certainly justified in basing his ruling on the 14th Amendment guarantee of equal protection under the law, he actually need not have looked any farther than the 1st Amendment.
The notion that marriage is — and can only be — between one man and one woman is a religious doctrine. For any state to incorporate such into its constitution is to establish a state religion.
For that matter, not only is the gender of participants in a marriage none of the state’s concern, neither is the number.
It is unfortunate that in their eagerness to join the national union the people of what became the State of Utah capitulated to the demands of 19th century bigots that they first change the acceptable terms and conditions of their personal unions.
Had they not done so, the issue of state governments enacting discriminatory, religious doctrines into their constitutions would never have arisen.
