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Chan Lowe: The California gay marriage ruling


There are so many dramatic aspects to Wednesday's federal court ruling overturning California’s ban on gay marriage.

My favorite is that David Boies and Ted Olson, liberal and conservative superstar attorneys, respectively, were adversaries in one of the most consequential legal battles of our time: Bush v. Gore in 2000.

To argue their ultimately victorious case against the ban, they banded together as two Americans whose primary concern was the civil rights and equal protection under the law of their countrymen and –women. The right of gays and lesbians to marry, both assert, is not and should not be a Democratic vs. Republican issue, or a liberal vs. conservative issue.

My other favorite is that in ruling in favor of the plaintiffs, Judge Vaughn R. Walker noted that our rights under the Constitution ought not to be subject to votes of the people, which might take them away. This is why they are called “rights,” and why they reside under the purview of the judicial system, not the caprices of society.

He also said that California (and by extension, the rest of the country) had no beneficial interest in banning same-sex marriage, according to findings of fact. Just because the concept may be repugnant to some on moral or religious grounds is not enough to deny a group of Americans the same rights that others have.

Let us remember that not so long ago, the idea of blacks marrying whites was repugnant to some on moral and religious grounds. People live and die. Society progresses. Perceptions ultimately change.

Human rights do not.

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The people who want to have a Constitutional amendment banning gay marriage say they are doing this to "protect the sanctity of marriage". If that is so, the amendment MUST read this way:

"Section 1. Marriage is here defined as being between one man and one woman at a time. No other arrangement will be considered legal within the United States.
Section 2. Such a marriage, as defined in Section 1, will be in force as long as both parties to it are alive.
Section 3. The only exception to Section 2 shall be in such cases where one of the parties can prove in open court that continuation of the marriage would present a clear and present danger to that party's life or safety."

Let's see how they like that.

Or ive got a good idea too, just ban ALL marriages, along with the thousands of financial benefits that goes with being married,

Ill bet that would go a long way in taking care of the budget problems once and for all

Couldn't agree more...I have no problem with religion as long as it doesn't assert itself into the rule of rational law. Gay marriage is certainly not a threat to hetero marriages...that arguement holds no water. Unfortunately, people have to be dragged into the present...had we left it to a vote in the south, I suspect slavery would STILL be legal.

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About the author
Chan LoweCHAN LOWE has been the Sun Sentinel’s first and only editorial cartoonist for the past twenty-six years. Before that, he worked as cartoonist and writer for the Oklahoma City Times and the Shawnee (OK) News-Star.

Chan went to school in New York City, Los Angeles, and the U.K., and graduated from Williams College in 1975 with a degree in Art History. He also spent a year at Stanford University as a John S. Knight Journalism Fellow.

His work has won numerous awards, including the Green Eyeshade Award and the National Press Foundation Berryman Award. He has also been a finalist for the Pulitzer Prize. His cartoons have won multiple first-place awards in all of the Florida state journalism contests, and The Lowe-Down blog, which he began in 2008, has won writing awards from the Florida Press Club and the Society of Professional Journalists.
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