An initiative measure adopted by the voters deserves great respect. The considered views and opinions of the most highly qualified scholars and experts seldom outweighs the determinations of the voters. When challenged, however, the voters' determinations must find at least some support in evidence. This is especially so when those determinations enact into law classifications of persons. Conjecture, speculation and fears are not enough. Still less will the moral disapprobation of a group or class of citizens suffice, no matter how large a majority shares that view. The evidence demonstrated beyond serious reckoning that Proposition 8 finds support only in such disapproval. As such, Proposition 8 is beyond the constitutional reach of the voters and their representatives.
...Okay, so it's my favorite part for it's legal reasoning that voting away people's rights because you dislike them is a bad idea. There are much more quotable parts of the decision (my favorite is when Judge Walker dryly points out that the anti-gay-marriage witnesses spent a lot of time admitting the benefits of extending marriage to gays). But still. Good stuff.
Via Good As You.
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