The Facts

Filed in National by on August 4, 2010

Hey, all you right wing bigots, pay attention. These are the facts:

1. Marriage is and has been a civil matter, subject to religious intervention only when requested by the intervenors.
2. California, like every other state, doesn’t require that couples wanting to marry be able to procreate.
3. Marriage as an institution has changed overtime; women were given equal status; interracial marriage was formally legalized; no-fault divorce made it easier to dissolve marriages.
4. California has eliminated marital obligations based on gender.
5. Same-sex love and intimacy “are well-documented in human history.”
6. Sexual orientation is a fundamental characteristic of a human being.
7. Prop 8 proponents’ “assertion that sexual orientation cannot be defined is contrary to the weight of the evidence.”
8. There is no evidence that sexual orientation is chosen, nor that it can be changed. [David Anderson will no doubt argue that homosexuality can be cured. A delusion that goes against all evidence and all science.]
9. California has no interest in reducing the number of gays and lesbians in its population. [Indeed, for to argue otherwise is to embrace Hitler and the Holocaust with both arms.]
10. “Same-sex couples are identical to opposite-sex couples in the characteristics relevant to the ability to form successful marital union.” [Procreation is not a requirement of opposite sex marriage, so it cannot be argued that it should be a requirement for same sex marriages.]
11. “Marrying a person of the opposite sex is an unrealistic option for gay and lesbian individuals.”
12. “Domestic partnerships lack the social meaning associated with marriage, and marriage is widely regarded as the definitive expression of love and commitment in the United States. The availability of domestic partnership does not provide gays and lesbians with a status equivalent to marriage because the cultural meaning of marriage and its associated benefits are intentionally withheld from same-sex couples in domestic partnerships.”
13. “Permitting same-sex couples to marry will not affect the number of opposite-sex couples who marry, divorce, cohabit, have children outside of marriage or otherwise affect the stability of opposite-sex marriages.” [This is the granddaddy of all facts. A straight couple’s marriage is not affected, one way or the other, by same sex marriage. If a marriage succeeds, it is due to the efforts to the two people in the union. If it fails, it is due to the two people in the union.]

Remember, these are the FACTS that Walker has determined from the testimony and evidence. These facts will serve as the grounding for the legal arguments yet to come.

It is time for the right wing to realize they have lost not only this battle, but this war. Sure, the appeal process is not done, and yes, the Supreme Court could overturn this, but that will only be the last gasp of bitter bigoted conservatives who currently populate the Court. Should this decision be overturned by the Supreme Court (and I actually don’t think it will be because Anthony Kennedy is big on fundamental rights), then as soon as one of them dies or retires, they will be overturned. Because the reality is, the demographics are on our side. From my generation (late Gen X) on down to the Millennials, homosexuality is not a concern. It is accepted. It is embraced. And the reason why that is so is because most of us know people in our lives who are gay. Some of our friends are gay. Some of our family members are gay. And it is difficult to accept the conservative demagoguery about the evil gay agenda and “special rights” when you actually know and love a person who conservatives tell you to fear.

Thus, we have rejected the demagoguery. Just as Judge Walker did today. Just as the 9th Circuit should do sometime soon. Just as the Supreme Court should as well. We all love. And we all are equal.

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Comments (19)

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  1. a.price says:

    Given the hateful and threatening climate created by the Right Wing and the Tea Party, this ruling took a lot of courage.

  2. I think the ruling is really strong.

  3. Brooke says:

    Thank you, Judge Walker. <3

  4. fightingbluehen says:

    Reagan appointed him Pelosi opposed him.

  5. anon says:

    Because the reality is, the demographics are on our side.

    True. But the reality may be that social conservatives will be woken up to tip one last election. This ruling will supercharge fundraising and GOTV.

    If Republican candidates use this ruling as a campaign issue, will Dems be clever and aggressive enough to throw their bigotry back in their faces?

  6. Actually I think he was appointed by George H.W. Bush.

  7. fightingbluehen says:

    My mistake. Wiki listed Reagan as the nominator this morning. Thanks UI.

  8. MJ says:

    Actually, Reagan did appoint him to begin with, towards the end of his second term and the nomination was resubmitted by GHW Bush after it got stalled in the Senate.

  9. Aoine says:

    lolol – it finally has arrived:

    http://www.huffingtonpost.com/2010/08/05/democrats-demand-gop-cand_n_671713.html

    great strategy!! way to go

  10. Joe Cass says:

    Aoine, thanks for the link- this is about to get good.

  11. WTFC says:

    Here we go again, trying to put homosexuals on a pedestal as if they are the defenders of all that is right in the world.

    I guess 7 million Californian voters don’t matter? America does not care about homosexuals and their silly agenda.

  12. MJ says:

    So WTFC, please educate us. What exactly is the “homosexual agenda?”

  13. Joe Cass says:

    “7 million Californian voters don’t matter”
    A public referendum doesn’t trump the constitution.
    “America does not care about homosexuals and their silly agenda.”
    True, but conservatives are practically peeing their pants over that “agenda”.

  14. a.price says:

    WTFC would have worn grey in the 1860s.

    the homosexual agenda….. i’m gonna help you right wingers out.
    There is no such thing and you sounds like paranoid idiots when you udder those words.

  15. a.price says:

    besides, this evens things out. The right wing got a vote overturned by activist judges and the country got 8 years of shit and probably 10 more worth of lasting effects by GWB.
    Now, the hateful people who voted to extend oppression have to suck it, because this is America and it doesn’t matter what your religion says, you cant tell other people who to be.

  16. MJ says:

    Since WTFC is unwilling to tell us what the “homosexual agenda” is, I did some research (for I didn’t even know we had one) and found that the country’s leading Christian activist has actually discovered it.

  17. a.price says:

    “3:33 p.m. Assume complete control of the U.S., state, and local governments (in addition to other nations’ governments); destroy all healthy Christian marriages; recruit all children grades Kindergarten through 12 into your amoral, filthy lifestyle; secure complete control of the media, starting with sitcoms; molest innocent children; give AIDS to as many people as you can; host a pornographic “art” exhibit at your local art museum; and turn people away from Jesus, causing them to burn forever in Hell.”

    I KNEW IT!!!! OH THATNK YOU, WTFC!!!! THANK YOU SO MUCH FOR TRYING TO SAVE US FROM THIS!!!!!
    (by the way, 300 thread count sheets? what, do you people like sleeping on sandpaper?)

  18. Joe Cass says:

    The disco-nap!