Judge Overturns Prop 8
More information as it becomes available. While I’m happy for the couples who can now have the state recognize their unions as marriages, I fear that this decision will further divide the nation on gay marriage and embolden social conservatives.
More anon.
UPDATE (decided to put this, likely my final update to this post) ahead of the others. I have now read or skimmed the entire opinion. I find that the judge makes some good arguments for gay marriage, but doesn’t succeed in relating them to the constitution. His legal analysis is sloppy at best and dismisses the sex-difference argument for traditional marriage by flippantly referring to what he calls “discredited notions of gender” as if the assumptions about a supposed social construction of gender had been proven true when, in fact, all serious psychological, sociological studies have shown the opposite. Not to mention studies of the human brain.
He fails to cite a provision of the federal constitution which prevents states from making distinctions based on sex difference, primarily because there isn’t one.
I will now put the rest of my thoughts, “penned” while reading/skimming the decision below the jump. (more…)







