More than any single vote, more than any single veto, more than any single legislative majority, the Ninth Circuit’s decision in Perry v. Brown is the most significant advancement in the fight for marriage equality in American history to date. Consider this: Never before has a federal appellate court affirmed any of the conclusions that the Ninth Circuit did today:
- that denying committed gay couples their right to marry cannot encourage opposite sex marriages
- that when a state denies the right to marry while allowing gay couples all the rights and privilges of marriage, it cannot base the marriage ban on any rationale that denigrates gay parents
- that domestic partnerships are unequal to marriage
- that, as a matter of law, marriage rights do not hinge on natural procreative ability
- and, of course, that a ban on same-sex marriage unconstitutional.
Today’s opinion was both broad and narrow, with wide implications and constrained effects. In 76 pages, Judge Reinhardt and Judge Hawkins affirmed the district court’s opinion that Proposition 8 was unconstitutional, but its decision hinged on the fact that Prop 8 effectuated a taking away of rights previously existing in California per In re Marriage Cases.
Click here for gay wedding resources in California.
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