Author: Jim Naughton

The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples. FF 76, 79-80; Romer, 517 US at 634 (“[L]aws of the kind now before us raise the inevitable inference that the disadvantage imposed is born of animosity toward the class of persons affected.”). Proposition 8 disadvantages gays and lesbians without any rational justification.

In the antebellum South, the marriages of the vast majority of African-Americans, much like gays today, held no legal standing. Slavery is obviously, itself, a problem–but abolitionists often, and accurately, noted that among its most heinous features was its utter disrespect for the families of the enslaved. Likewise, systemic homophobia is, itself, a problem–but among its most heinous features is its utter disrespect for the families formed by gays and lesbians.

Later today the Court in Perry v. Schwarzenegger will issue its written order containing findings of fact and conclusions of law following the court trial held in January and June of this year. According to the court’s media liaison the order will be e-filed between 1 pm and 3 pm tomorrow, Pacific time. There will be no court proceeding associated with the publication of the order.