Hello everyone,

In this section, I will be talking some about the ruling in the Prop. 8 trial.  I will just be stating the section of the 14th amendment, how the ruling applies to that and my opinion on that section of the 14th amendment as well as the ruling.

The text that was cited in this regarding the “equal protection” section of the 14th amendment of the US constitution.  Of the few different sections, but the equal protection clause states”

“Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”  –From wikipedia.com and US constitution

The main part of this ruling mainly comes from “….nor deny to any person within its jurisdiction the equal protection of the laws.” as well as (IN MY OPINION) the part “…nor shall any  State deprive any person of life, liberty, property without due process of law…” .

From wikipedia due process is defined as “Due process is the principle that the government must respect all of the legal rights that are owed to a person according to the law. Due process holds the government subservient to the law of the land, protecting individual persons from the state.”

Meaning that the government is honor bound to see that all the rights of each (legal citizen obviously) are respected and are protected by due process.  With the ruling, as seen by his honor, U.S. District Judge Vaugh Walker, says that it violates the equal protection laws. In a the Fox News article that I looked at and echoed in a similar CNN article (and others), “‘Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples,’ the judge wrote in a 136-page ruling that laid out in precise detail why the ban does not pass constitutional muster.”

I do admit that I am a full supporter of gay rights, including marriage myself, so I am in agreement with his honor’s ruling on the subject.  I feel that Prop. 8 in California is discriminated against the GBLTQ community and making straights superior to the gay community.  It is depriving the gay community of liberty and a piece of life that straights have and seems to want such life and liberty preserved for them (whether or not all  straights feel the same way and there are many straight persons who support gay rights as well).  I feel that by not having the gay community the same privileges as straights you are not only abridging the privileges of the gay community you are also saying that straights are better just because of stupid excuses as straight relationships are traditional, natural, religion said so.  But face it, you are just saying that they are not equal, inhuman, and second class citizens.  It’s BS!

I had a class in the summer of 2009 looking at gay marriage/rights.  Please feel free to take a look:  lawandorderking.blogspot.com. Please feel free to comment here and there.

Steve

Sources:

http://en.wikipedia.org/wiki/Due_process

http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution

http://www.foxnews.com/politics/2010/08/04/federal-judge-overturns-californias-sex-marriage-ban/

http://www.cnn.com/2010/US/08/04/california.same.sex.ruling/index.html?hpt=T1

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