Needless to say, I was very pleased with the ruling last week by US District Court judge Vaughn Walker in California overturning the ban on same sex marriage. The case arose because of a challenge to Proposition 8 that was passed by referendum in November 2008 and required the state constitution to add a clause that stated, “Only marriage between a man and a woman is valid or recognized in California.”
The judge said that Proposition 8 violated the ‘due process’ and ‘equal protection’ clauses of the 14th amendment to the federal constitution. The due process clause states that no state shall “deprive any person of life, liberty, or property, without due process of law” while the equal protection clause states that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” (The 14th amendment is getting quite a workout these days, with some talking about amending it to prevent children born in the US of illegal immigrants from getting automatic citizenship under the opening sentence that states, “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.”)
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