The court said quite clearly that in their view, changing the definition of marriage doesn't abrogate anyone's rights because the definition itself doesn't impart any legal rights that aren't already given/available under California state law:
The Attorney General, in his briefing before this court, has advanced an alternative theory — not raised by petitioners in their initial petitions — under which he claims that even if Proposition 8 constitutes a constitutional amendment rather than a constitutional revision, that initiative measure nonetheless should be found invalid under the California Constitution on the ground that the “inalienable rights” embodied in article I, section 1 of that Constitution are not subject to “abrogation” by constitutional amendment without a compelling state interest.
The Attorney General’s contention is flawed, however, in part because, like petitioners’ claims, it rests inaccurately upon an overstatement of the effect of Proposition 8 on both the fundamental constitutional right of privacy guaranteed by article I, section 1, and on the due process and equal protection guarantees of article I, section 7. As explained below, Proposition 8 does not abrogate any of these state constitutional rights, but instead carves out a narrow exception applicable only to access to the designation of the term “marriage,” but not to any other of “the core set of basic substantive legal rights and attributes traditionally associated with marriage . . .” (Marriage Cases, supra, 43 Cal.4th at p. 781), such as the right to establish an officially recognized and protected family relationship with the person of one’s choice and to raise children within that family.
I think they're full of crap. There's a VERY clear argument to be made that without marriage under the law, partnered same-sex couples do not enjoy the same legal rights as married heterosexual ones. Are businesses (health insurance providers, etc.,) required to treat the two groups equally? The question in my mind is whether the plaintiffs bothered to make it.
no subject
I agree.
The court said quite clearly that in their view, changing the definition of marriage doesn't abrogate anyone's rights because the definition itself doesn't impart any legal rights that aren't already given/available under California state law:
I think they're full of crap. There's a VERY clear argument to be made that without marriage under the law, partnered same-sex couples do not enjoy the same legal rights as married heterosexual ones. Are businesses (health insurance providers, etc.,) required to treat the two groups equally? The question in my mind is whether the plaintiffs bothered to make it.