Ed Team

Evan Wolfson on the California Prop 8 battle

Filed By Ed Team | April 01, 2009 7:30 AM | comments

Filed in: Quote of the Day
Tags: California, Evan Wolfson, marriage, Prop. 8

"But, shockingly, the Chief Justice spoke as if his hands were tied by the mere fact of the November vote, the legitimacy of which is the very issue before the Court. He did not explain that equal protection at a minimum obliges the majority to itself abide by whatever treatment it imposes on a minority - a core structural principle eviscerated by Prop 8, which removed the fundamental right to marry for the gay minority alone while retaining that precious right for the majority. Rather, Chief Justice George appeared to profess helplessness in the face of precedents on how to distinguish a revision from a mere amendment. However, it was the Court itself that set those precedents, which themselves did not preclude logical extension should an unprecedented situation require further vigilance. As Justice Kathryn Werdeger and other justices noted, Prop 8 is exactly such an unprecedented assault. To build on and beyond precedents where warranted is why we have judges, not just law books."

--Evan Wolfson


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