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Gay Marriage to Live Happily Ever After: Ann Woolner (Update2)

By Ann Woolner - Aug 6, 2010 10:47 AM ET
Bloomberg Opinion

This week’s ruling in California represents more than a setback for opponents of same-sex marriage. It lays bare the sparseness of their evidence, the emptiness of their legal arguments and the hollowness of their claims that gay marriage would somehow undermine straight ones.

In 136 pages, U.S. District Judge Vaughn Walker analyzed testimony and studies that were scientific, historical, sociological and personal. He examined arguments constitutional and political.

And when he was done, he left little obvious room for reversal on appeal. However conservative the U.S. Supreme Court has become, and however sharply it is divided, chances are decent that the thrust of Walker’s order will survive.

What he said was this: It violates the Constitution’s equal-protection promise to deny a minority group the fundamental right to wed. He found no compelling state interest in forbidding such marriages.

There was no credible evidence that society, the institution of marriage, children or anyone else would be harmed if gay people marry, he ruled. In fact, all evidence pointed to the benefits of letting people marry those they love and giving their children a more stable, legitimized family life.

Without any rational basis for banning these marriages, all that’s left is “the belief that same-sex couples simply are not as good as opposite-sex couples.” Whether the belief stems from religion, moral disapproval or animus, none can justify discrimination, Walker said.

Full article @ Bloomberg.com

Glad to hear it. This is finally seems to be coming to a legal resolution with a well developed judgment.