Passage of CA Prop 8 could lead to End of [Civil] Marriage in Californai!
From
http://joedecker.livejournal.com/1087481.html
from "In Re Marriage".... The CA Supreme Court Decision:
In the present case, it is readily apparent that extending the designation of marriage to same-sex couples clearly is more consistent with the probable legislative intent than withholding that designation from both opposite-sex couples and same-sex couples in favor of some other, uniform designation. In view of the lengthy history of the use of the term “marriage” to describe the family relationship here at issue, and the importance that both the supporters of the 1977 amendment to the marriage statutes and the electors who voted in favor of Proposition 22 unquestionably attached to the designation of marriage, there can be no doubt that extending the designation of marriage to same-sex couples, rather than denying it to all couples, is the equal protection remedy that is most consistent with our state’s general legislative policy and preference.
Let me translate.
"We are left with two choices
if we are to uphold equal protection.
Either call everything
"marriage",
or call everything
"domestic partnership."
We choose the former
only because
it is less intrusive and ...
ls in keeping with intent,
not because the other solution
doesn't meet the legal requirements
of equal protection.
Note that nothing in Proposition 8 directly repeals equal protection. It doesn't say "equal protection doesn't apply", it says "you can't call same-sex partnerships "marriage."
As the court has identified precisely one solution that fits the requirement of Proposition 8 and equal protection, I am forced to the conclusion that the passage of Proposition 8 may lead to the demise of the term marriage in California law entirely.
Talk about your unintended consequence!!
(See http://joedecker.livejournal.com/1087481.html
for full post and other comments)
K.