From Judge Vaughn Walker’s opinion on the Proposition 8 case:
Whether that belief is based on moral disapproval of homosexuality, animus towards gays and lesbians or simply a belief that a relationship between a man and a woman is inherently better than a relationship between two men or two women, this belief is not a proper basis on which to legislate. (p. 132)
California’s obligation is to treat its citizens equally, not to “mandate [its] own moral code.” (p. 133)
The evidence at trial regarding the campaign to pass Proposition 8 uncloaks the most likely explanation for its passage a desire to advance the belief that opposite-sex couples are morally superior to same-sex couples. (pp. 133-134)
Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians. The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples. (p. 135)
Is there now a wall of separation between morality and state? Where in the Constitution (or even in Jefferson’s letters) do you find that?
