Dismal Marriage Decision Opens Up Opportunities

by Paul Hogarth, Beyond Chron (reposted)

Sun, Oct 8, 2006 9:31AM

Yesterday, by a vote of 2-1, a panel of the Court of Appeals upheld California’s law that restricts marriage to a man and a woman, denying this right to gay and lesbian couples. As supporters of marriage equality, this was a huge disappointment – but it’s far from being the final word. City Attorney Dennis Herrera will appeal to the state Supreme Court, who will make a ruling within the next two years. And while the appellate court failed to recognize the rights of same-sex couples, the legal arguments made (and not made) in Justice McGuiness’ 64-page majority opinion, as well as in the concurring and dissenting opinions, offer some hope – and potentially give gay rights advocates a new opening that could help them ultimately prevail.

Don’t get me wrong – it was a terrible decision. Let’s start with the bad news, and there’s plenty of it.

While the court acknowledged marriage to be a Constitutional right, they argued that a gay man can still marry a woman and a lesbian can still marry a man. However absurd, this argument has been made before – and at least they conceded that the right to marry also includes the right to marry the person of your choice. But there are limits to such a right, they said, and then quoted conservative Law Professor Cass Sunstein: “people do not have the right to marry their dog, their aunt, June 29, a rose petal or a sunny day (24).”

Read More
http://www.beyondchron.org/news/index.php?itemid=3758#more

Add Your Comments

Comments (Hide Comments)

§Is marriage between straight and gay advisable?

by Jean Kimbrough

Wed, Oct 11, 2006 1:48AM

Saying a homosexual may marry an opposite sex person may seem as if the problem is solved. Unfortunately, when one marries a person who, for whatever reason, is not an acceptable sex partner a large part of the staying power of the marriage goes down the tubes. This hurts both bride and groom. If the union has been blessed with children they too are hurt by the quarreling and fighting going on within the marriage. They may come to expect disharmony to be the norm in marriage. The people involved in such a marriage want out. Most Gay men and women can pretend for a while. The time will come when it is no longer possible to ignore the desires within one's heart. How long do you think you would be able to pass for straight? How long would you before you were no longer willing to be given the perfunctory intimacy when you knew your partner despised the idea of touching you. Can anyone tell me what damage the marriages of homosexuals in San Fransisco did to your marriage? Do you really think A gay man marrying a gay man narrows the field. Is he really taking a partner that you might want?

For more information: http://N/A

Add a Comment

Support Independent Media

We are 100% volunteer and depend on your participation to sustain our efforts!