Tuesday, March 15, 2005

Same "Gender" Matrimony

"'No rational basis exists for limiting marriage in this state to opposite-sex partners,' wrote San Francisco Superior Court Judge Richard Kramer. 'Same-sex marriage cannot be prohibited solely because California has always done so before.'"

That's a quote from ABC news' The Note. I have downloaded the judges written decision and will read the 27 page document and post shortly. What I am most interested in, thus far, is to see how he came to the conclusion concerning the nature of prohibition based upon precedent. I was under the distinct impression that "the courts" were supposed to draw upon precedent. I can, therefore, understand why this guy is being labeled an "activist" judge. There wasn't any real doubt in my thinking about that but what I really want to see is the hoops he jumps through to get there. I'm no legal scholar but I'm going to dig until I'm satisfied.

Oh and another thing let's read the Constitution just for the sake of argument.

Peace

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