Favorite lines from the ruling
Aug. 4th, 2010 03:48 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
deirdre(this may be updated as I continue to read piecemeal)
"...most people are able to answer questions about their sexual orientation without formal training." (p. 20) (Smartass that I am, my first thought was, "Does that mean some require a dominatrix?")
"For the reasons stated in the sections that follow, the evidence presented at trial fatally undermines the premises underlying proponents’ proffered rationales for Proposition 8." (p. 24) (I love the word proffered.)
"When challenged, however, the voters’ determinations must find at least some support in evidence. This is especially so when those determinations enact into law classifications of persons. Conjecture, speculation and fears are not enough." (p. 24)
"Stier is “maybe the sparkliest person I ever met. * * * [T]he happiest I feel is in my relationship with [Stier.]”" (p. 26) (Love the description of someone, especially amidst formal court language, as "sparkliest.")
"Proponents elected not to call the majority of their designated witnesses to testify at trial and called not a single official proponent of Proposition 8 to explain the discrepancies between the arguments in favor of Proposition 8 presented to voters and the arguments presented in court." (p. 35)
"The court permitted Blankenhorn to testify but reserved the question of the appropriate weight to give to Blankenhorn’s opinions. Tr 2741:24-2742:3. The court now determines that Blankenhorn’s testimony constitutes inadmissible opinion testimony that should be given essentially no weight." (p. 39)
"...there is simply too great an analytical gap between the data and the opinion proffered." (p. 45)
"To the extent Blankenhorn believes that same-sex marriage is both a cause and a symptom of deinstitutionalization, his opinion is tautological." (p. 45)
"Blankenhorn’s concern that same-sex marriage poses a threat to the institution of marriage is further undermined by his testimony that same-sex marriage and opposite-sex marriage operate almost identically." (p. 47)
"Blankenhorn agreed that children raised by same-sex couples would benefit if their parents were permitted to marry." (p. 48) (Wait. What?)
"Plaintiffs questioned Miller on data showing 84 percent of those who attend church weekly voted yes on Proposition 8, 54 percent of those who attend church occasionally voted no on Proposition 8 and 83 percent of those who never attend church voted no on Proposition 8." (p. 52) (Wow.)
"Marriage in the United States has always been a civil matter. Civil authorities may permit religious leaders to solemnize marriages but not to determine who may enter or leave a civil marriage." (p. 60)
"Plaintiffs challenge Proposition 8 under the Due Process Protection Clauses of the Fourteenth Amendment. Each is independently meritorious, as Proposition 8 both and Equal challenge unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation." (p. 109)
"Proposition 8 thus enshrines in the California Constitution a gender restriction that the evidence shows to be nothing more than an artifact of a foregone notion that men and women fulfill different roles in civic life." (p. 124)
"Even if California had an interest in preferring opposite-sex parents to same-sex parents —— and the evidence plainly shows that California does not —— Proposition 8 is not rationally related to that interest, because Proposition 8 does not affect who can or should become a parent under California law. FF 49, 57." (p. 128)
"To the extent California has an interest in encouraging sexual activity to occur within marriage (a debatable proposition in light of Lawrence, 539 US at 571) the evidence shows Proposition 8 to be detrimental to that interest. Because of Proposition 8, same-sex couples are not permitted to engage in sexual activity within marriage." (p. 128)
"...most people are able to answer questions about their sexual orientation without formal training." (p. 20) (Smartass that I am, my first thought was, "Does that mean some require a dominatrix?")
"For the reasons stated in the sections that follow, the evidence presented at trial fatally undermines the premises underlying proponents’ proffered rationales for Proposition 8." (p. 24) (I love the word proffered.)
"When challenged, however, the voters’ determinations must find at least some support in evidence. This is especially so when those determinations enact into law classifications of persons. Conjecture, speculation and fears are not enough." (p. 24)
"Stier is “maybe the sparkliest person I ever met. * * * [T]he happiest I feel is in my relationship with [Stier.]”" (p. 26) (Love the description of someone, especially amidst formal court language, as "sparkliest.")
"Proponents elected not to call the majority of their designated witnesses to testify at trial and called not a single official proponent of Proposition 8 to explain the discrepancies between the arguments in favor of Proposition 8 presented to voters and the arguments presented in court." (p. 35)
"The court permitted Blankenhorn to testify but reserved the question of the appropriate weight to give to Blankenhorn’s opinions. Tr 2741:24-2742:3. The court now determines that Blankenhorn’s testimony constitutes inadmissible opinion testimony that should be given essentially no weight." (p. 39)
"...there is simply too great an analytical gap between the data and the opinion proffered." (p. 45)
"To the extent Blankenhorn believes that same-sex marriage is both a cause and a symptom of deinstitutionalization, his opinion is tautological." (p. 45)
"Blankenhorn’s concern that same-sex marriage poses a threat to the institution of marriage is further undermined by his testimony that same-sex marriage and opposite-sex marriage operate almost identically." (p. 47)
"Blankenhorn agreed that children raised by same-sex couples would benefit if their parents were permitted to marry." (p. 48) (Wait. What?)
"Plaintiffs questioned Miller on data showing 84 percent of those who attend church weekly voted yes on Proposition 8, 54 percent of those who attend church occasionally voted no on Proposition 8 and 83 percent of those who never attend church voted no on Proposition 8." (p. 52) (Wow.)
"Marriage in the United States has always been a civil matter. Civil authorities may permit religious leaders to solemnize marriages but not to determine who may enter or leave a civil marriage." (p. 60)
"Plaintiffs challenge Proposition 8 under the Due Process Protection Clauses of the Fourteenth Amendment. Each is independently meritorious, as Proposition 8 both and Equal challenge unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation." (p. 109)
"Proposition 8 thus enshrines in the California Constitution a gender restriction that the evidence shows to be nothing more than an artifact of a foregone notion that men and women fulfill different roles in civic life." (p. 124)
"Even if California had an interest in preferring opposite-sex parents to same-sex parents —— and the evidence plainly shows that California does not —— Proposition 8 is not rationally related to that interest, because Proposition 8 does not affect who can or should become a parent under California law. FF 49, 57." (p. 128)
"To the extent California has an interest in encouraging sexual activity to occur within marriage (a debatable proposition in light of Lawrence, 539 US at 571) the evidence shows Proposition 8 to be detrimental to that interest. Because of Proposition 8, same-sex couples are not permitted to engage in sexual activity within marriage." (p. 128)