Despite the fact that he vetoed a bill that would have extended the civil right of marriage to gay people, New Jersey Gov. Chris Christie (R) insists he is not a bigot. He just prefers that equal rights be put to popular vote! Yeah, I suppose he’s just one of those open-minded white men who would have put integration to a vote in the 1960s as opposed to protecting a minority of people who only asked to be treated equal.
Watch:
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Quicker than a ray of light, marriage equality spread rapidly today.
Washington Gov. Chris Gregoire (D) signed a same-sex marriage bill into law today; this being the same bill she introduced less than 2 weeks ago. Washington has become the 7th state to legalize same-sex marriage. Just moments before that historic act, the New Jersey Senate passed a marriage equality bill of its own! Voting 24-16 after an hour of debate, the New Jersey Senate sent the bill to the State Assembly, which will vote next week. The Assembly has the votes to pass the bill, but the Senate’s 24-16 vote is 3 votes short of the 27 needed to override an expected veto from Gov. Chris Christie (R).
And even though the marriage bill was signed in Washington, state law stipulates that a referendum can be placed on the ballot to have voters ratify the new law. It is expected that marriage opponents will secure enough signatures to force a public vote this fall. Polls show a majority of Washington voters support marriage equality.
But there can be no mistake, today’s votes are historic — the first time the New Jersey Senate was able to pass the bill after three attempts; and an all-out victory in Washington!
The momentum behind the marriage movement is palpable. Maryland is considering its own bill to legalize same-sex marriage; and Maine is expected to legalize it by referendum later this year. These are good times for equality and equal rights. REJOICE! Equality is expanding!
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Mitt Romney, the front-runner for the Republican presidential nomination, re-affirmed today that he will continue to work to keep gay Americans from having equal rights. Here are his comments after the 9th Circuit of Appeals declared Proposition 8 unconstitutional:
Read More“Today, unelected judges cast aside the will of the people of California who voted to protect traditional marriage. This decision does not end this fight, and I expect it to go to the Supreme Court. That prospect underscores the vital importance of this election and the movement to preserve our values. I believe marriage is between a man and a woman and, as president, I will protect traditional marriage and appoint judges who interpret the Constitution as it is written and not according to their own politics and prejudices.”
Dear Justice Kennedy,
On a day like today, I so wish I could be inside your mind. You have always been the voice of reason on an otherwise fickle Supreme Court. As I’m sure you noticed, the Ninth Circuit has upheld District Judge Vaughn Walker’s 2010 ruling that Proposition 8 violates the equal protection and due process clauses within the 14th Amendment of the Constitution.
Before you mention it, yes, I am aware that the Ninth Circuit is quite liberal. I did notice that the decision was 2-1, with the liberal judges in the majority and the conservative one in dissent. But honestly, no one expects an appeals court to have the final say on this matter anyway, so no harm, no foul.
Actually Justice Kennedy, this issue lies directly at the middle of complex arguments about politics, civil rights and the role of the judiciary, which is precisely why I decided to write to you. Since you joined the Supreme Court as an associate justice in 1988, you have always shown an ability to see both sides of an issue and decide a case based on its merits. Even though you were appointed by President Reagan, you have not been beholden to the conservative viewpoint in the same way as the conservative wing of the court. You have truly been a swing vote, and I have no clue as to your thinking around the constitutionality of Proposition 8.
I’m sure you will agree with me that when this case reaches the Supreme Court, your vote will be the only one in question. I fully expect Chief Justice Roberts and associate justices Scalia, Thomas and Alito to vote in favor of keeping Prop. 8. As you know, this group of justices rarely support the tenant of equal justice for all people. Conversely, I expect justices Ginsburg, Breyer, Sotomayor and Kagan to declare that Prop. 8 is indeed unconstitutional. These 4 justices seem to routinely favor decisions that are fair and equal among all Americans. If I’m right, that means you will have an opportunity to break a 4-4 tie among your colleagues. What will you do?
Though my fellow Americans always seem to get themselves worked up whenever marriage is involved, the facts of this legal case are really simple to understand. There is no legal rationale or basis to deny gays the right to marry. By denying gay Americans the right to marry, the majority would be establishing a second-class citizenship, which the court has already held is unconstitutional in Brown v. the Board of Education. Further, the equal protection clause of the 14th Amendment holds that there must be an overriding basis to deny rights. No such basis exists in California; and the proponents of Proposition 8 have failed to prove that allowing same-sex couples to wed would be an infringement or cause adverse effects on society as a whole. Given these facts, Justice Kenendy, shouldn’t the court again find that all Americans should be treated equal as the 14th Amendment asserts?
You should know that I’m not a legal scholar, and I would never ask you to take my word for it where the law is concerned, but the Ninth Circuit agrees with my point of view. Here’s what the appeals court said today in its ruling:
“Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently. There was no such reason that Proposition 8 could have been enacted. Because under California statutory law, same-sex couples had all the rights of opposite-sex couples, regardless of their marital status, all parties agree that Proposition 8 had one effect only. It stripped same-sex couples of the ability they previously possessed from the State, or any other authorized party, an important right — the right to obtain and use the designation of ‘marriage’ to describe their relationships. Nothing more, nothing less.”
On the question of equal protection under the law, the court was crystal clear:
“[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.”
Justice Kennedy, I have great faith that you will agree with my point of view and affirm the decision of the appeals court. After all, you were the deciding vote in Lawerence v. Texas, which struck down sodomy laws in 2003. In overturning the hateful Bowers decision, you wrote the majority opinion in Lawerence which affirmed that same-sex couples do have rights under the equal protection clause.
Writing for the court in Lawrence, you said:
”The Texas statute furthers no legitimate state interest which can justify its intrusion into the personal and private life of the individual.”
So my question to you is simple, what state interest does California have to deny marriage licenses to gay couples or to revoke the licenses of same-sex couples who are already married? And how does your application of the due process protections in Lawrence differ from the situation presented in this case?
Sorry to throw so many questions at you, but I’m struggling to understand why this isn’t a cut and dry case. How much longer will gay Americans suffer the tyranny of the majority?
I believe that gay Americans are entitled to equal protection under the law; and I further believe that, as a justice of the United States, you are bound to affirm those protections in pursuit of a more perfect union. Thank you for you service to our country and for considering the points of this letter.
Your fellow American,
Isaiah Webster III
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For the second time, a federal court has struck down Proposition 8. Earlier today, the Ninth Circuit Court of Appeals ruled that the ban on same-sex marriage in California is unconstitutional. A federal judge in California came to the same conclusion in 2010. The Ninth Circut found that federal judge Vaughn Walker was correct when he ruled Prop. 8 had no basis within the Constitution.
“Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently. There was no such reason that Proposition 8 could have been enacted,” the Ninth Circut ruling said.
Today’s ruling means that the U.S. Supreme Court must now decide if it wants to take up the case and resolve the matter for good. Most observers agree the court will take the case and rule sometime next year. I’m convinced that Justice Anthony Kennedy, the only vote in question, will side with us if the
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The Washington State Senate passed a same-sex marriage bill just moments ago on a 28-21 vote. The House is expected to easily pass the bill as well, and Washington Gov. Chris Gregoire (D) has already said she will sign the bill into law. This means Washington will become the 7th state to support marriage equality, and the first state on the West coast!
Congratulations to the people of Washington State! Now, just 43 more states to go!
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