My Favorite Quotes From Perry v Brown Part Two

Part one is here. Here are the last nine quotes:

10. “Here, the argument
that withdrawing the designation of ‘marriage’ from same-sex
couples could on its own promote the strength or stability of
opposite-sex marital relationships lacks any such footing in

11. “There is a limited sense in which the extension of the designation
‘marriage’ to same-sex partnerships might alter the
content of the lessons that schools choose to teach. Schools
teach about the world as it is; when the world changes, lessons
change. A shift in the State’s marriage law may therefore
affect the content of classroom instruction just as would the
election of a new governor, the discovery of a new chemical
element, or the adoption of a new law permitting no-fault
divorce: students learn about these as empirical facts of the
world around them. But to protest the teaching of these facts
is little different from protesting their very existence; it is like
opposing the election of a particular governor on the ground
that students would learn about his holding office, or opposing
the legitimation of no-fault divorce because a teacher
might allude to that fact if a course in societal structure were
taught to graduating seniors. The prospect of children learning
about the laws of the State and society’s assessment of the
legal rights of its members does not provide an independent
reason for stripping members of a disfavored group of those
rights they presently enjoy.” Read more of this post


My Favorite Quotes From Perry v Brown Part One

I’ve read the decision, and I’m blown away. It was so difficult to choose my favorite passages, but I managed to stop at eighteen quotes. If you followed the live-blogging of the original Prop 8 trial presided over by Judge Vaughn Walker, this is no less amazing and awe-inspiring.

Some of these quotes are especially long, so I’m going to put the vast majority behind a cut. The last nine quotes will be posted later–but you really should go read the whole thing.

1. (Page 18) “The People may not employ the initiative power to single out
a disfavored group for unequal treatment and strip them, without
a legitimate justification, of a right as important as the
right to marry. Accordingly, we affirm the judgment of the
district court.”

2. “By emphasizing Proposition 8’s limited effect, we do not
mean to minimize the harm that this change in the law caused
to same-sex couples and their families. To the contrary, we
emphasize the extraordinary significance of the official designation
of ‘marriage.’ That designation is important because
‘marriage’ is the name that society gives to the relationship
that matters most between two adults. A rose by any other
name may smell as sweet, but to the couple desiring to enter
into a committed lifelong relationship, a marriage by the name
of ‘registered domestic partnership’ does not. The word ‘marriage’
is singular in connoting “a harmony in living,” “a bilateral
loyalty,” and “a coming together for better or for worse,
hopefully enduring, and intimate to the degree of being
sacred.” Griswold v. Connecticut, 381 U.S. 479, 486 (1965).
As Proponents have admitted, “the word ‘marriage’ has a
unique meaning,” and “there is a significant symbolic disparity
between domestic partnership and marriage.” It is the designation
of ‘marriage’ itself that expresses validation, by the
state and the community, and that serves as a symbol, like a
wedding ceremony or a wedding ring, of something profoundly
important. See id. at 971.” Read more of this post

Prop 8 Ruling Quotes

Dammit, the folks at Prop 8 Trail Tracker beat me to it: they read the ruling and posted their favorite quotes. I still plan to do this myself, but until I do, go check out theirs. Brilliant and amazing are only two of the many words I would use to describe them.

I seriously can’t wait to read the whole thing.

Ninth Circuit Rules Prop 8 Unconstitutional

Now this is some news that will get a night shift gal out of bed in the early afternoon: has received the 9th Circuit’s opinion in Perry v. Brown that Proposition 8, the 2008 voter-enacted ban on marriage equality in California, is unconstitutional. In addition, the appeals panel ruled that the proponents of Prop 8 did have standing to pursue their appeal of Judge Walker’s decision striking down the marriage ban, and upheld District Court Judge Ware’s decision denying a stay to throw out Walker’s ruling because he is gay. The ruling on constitutionality was divided on an 2-1 vote, with Judges Stephen Reinhardt and Michael Hawkins voting to strike Prop 8 down, and Judge N. Randy Smith voting to uphold the ban. The ruling regarding standing and the motion to throw out Judge Walker’s decision was a unanimous 3-0 vote.”

This is exciting news. Follow the link–Prop 8 Trial Tracker is the best resource for this case. It is the very same site, in fact, that live-blogged the original trial, over which Judge Vaughn Walker presided.

What’s next? According to the above resource, the proponents of Prop 8 could appeal either to have the case heard in front of the entire Ninth Circuit, or it could go to the Supreme Court.

The Supreme Court, obviously, is a very big deal. I doubt very much that the Court would refuse to hear this case, as it is one of the most popular and relevant questions in U.S. law at the moment.

I can’t wait to read the whole ruling, which is linked here. If I get a chance before work tonight (ha!) I’ll post my thoughts on it, as well as some choice snippets.

(Amusing side note: the Courage Campaign beat the New York Times in sending me an e-mail to inform me. Go CC!)