Court rules California amendment defending marriage is ‘unconstitutional’

By Ben Johnson, LifeSite News

This morning, a panel of the Ninth Circuit Court of Appeals ruled by a 2-1 vote that a California constitutional amendment defining marriage as the union of one man and one woman is unconstitutional.

In an 89-page ruling that cited William Shakespeare and Marilyn Monroe, Judge Stephen Reinhardt wrote, “Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.”

In 2008, California voters approved the state constitutional amendment defending marriage by a margin of 52.5 percent to 47.5 percent. U.S. District Judge Vaughn R. Walker, who is in a long-term homosexual relationship, ruled in August 2010 that the measure “both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation.”

The Ninth Circuit court panel upheld Walker, ruling that since same-sex couples once had the right to call their unions “marriage” in that state reversing it constituted unconstitutional discrimination. Same-sex marriage was briefly legalized in the state after the state Supreme Court ruled in favor of it in March 2008. “Had Marilyn Monroe’s film been called How to Register a Domestic Partnership with a Millionaire, it would not have conveyed the same meaning as did her famous movie, even though the underlying drama for same-sex couples is no different,” Reinhardt wrote.

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