Court says rights for some, but not others, is unconstitutional

The 9th Circuit Court of Appeals today struck down California’s Proposition 8, which forbid legal recognition for the marriages of same-sex couples.

Judge Stephen Reinhardt wrote:

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.

And you’re not allowed to have a law that “serves no purpose, and has no effect, other than to lessen the status and human dignity” of a given minority. It’s easy to pass such laws, given that minorities, being in the minority, are easily outnumbered. But this is what the Constitution and equal protection and the rule of law are for — making sure that the majority can’t pull stunts like that just because there happen to be more of them.

This is something that New Jersey Gov. Chris Christie failed to grasp recently when he said that the rights of minorities should be established in the voting booth. Newark Mayor Cory Booker explained why Christie was wrong:

“Equal protection under the law – for race, religion, gender or sexual orientation – should not be subject to the most popular sentiments of the day,” Booker said. “Marriage equality is not a choice. It is a legal right.”

If equal protection under the law were dependent on polls, then it wouldn’t be equal protection under the law.

I haven’t read the ruling on Prop 8 yet. Rob Tsinai’s take is that it’s a very narrow decision that bars this particular proposition, but does not speak more broadly to the matter of marriage equality. Jim Burroway thinks it may be such a narrow ruling that the Supreme Court of the United States may opt not to argue it further. I doubt it, but even if it’s not this particular ban, the top court will eventually hear and decide on the constitutionality of some state’s same-sex marriage prohibition.

Burroway also explains what this means right now:

The current stay on Judge Walker’s original ruling remains in effect for at least another week. Prop 8 proponents are almost certain to file a motion to extend the stay, and that motion is likely to be granted pending further appeals.

This is a good decision from the 9th Circuit Court. It’s very good news for California.

It’s even good news for Prop 8 supporters, who are fuming and raving in response to the decision. But don’t worry too much about them — they enjoy fuming and raving. It’s kind of their hobby. This ruling neither picks their pocket nor breaks their leg. It doesn’t harm or inconvenience them in the least. But today’s ruling provides them another excuse to pretend they’re put-upon and persecuted, so right now they’re as close to being happy as they’re still capable of being.