Chemerinsky On Prop 8 Ruling: No Good Reason To Deny Gays And Lesbians Equal Rights

Chemerinsky On Prop 8 Ruling: No Good Reason To Deny Gays And Lesbians Equal Rights
UC Irvine School of Law dean Erwin Chemerinsky explains in the LAT:

Tuesday's federal court ruling declaring Proposition 8 unconstitutional can be easily explained: There is no legitimate government interest in prohibiting same-sex marriages. It is for this reason that the Supreme Court is likely to affirm the U.S. 9th Circuit Court of Appeals and hold that the denial of marriage equality to gays and lesbians violates the U.S. Constitution.

In one sense, the 9th Circuit ruled narrowly, holding only that Proposition 8 was unconstitutional because it rescinded an existing right in the state. In another sense, though, the reasoning of the court stands for a broader proposition: The ban on marriage equality for gays and lesbians serves no legitimate government interest. Under this reasoning -- though it was not the holding of the case -- any law denying marriage equality would be unconstitutional.

Laws that discriminate against individuals must, at the very least, serve a legitimate government purpose. The 9th Circuit found no such compelling purpose in a California ballot initiative that rescinded the right of gays and lesbians to marry. Instead, the court concluded, the reasoning behind the law could be explained only as impermissible animus.

One contention frequently made is that marriage, by definition, is between a man and a woman. But this is not an argument; it is just a definition. Certainly marriage can be defined this way, but it also can be defined to include same-sex couples exchanging the same vows, going through the same rituals and receiving the same benefits.

...One central criticism of the 9th Circuit's decision is that it was wrong for the court to substitute its decision for that of the voters. However, it is a crucial judicial role to interpret the Constitution and to remedy unjust discrimination and violations of rights. It was not impermissible judicial activism when the Supreme Court invalidated laws prohibiting interracial marriage, and it is equally appropriate for courts to declare unconstitutional laws rescinding the right to same-sex marriage.

Love his ending:

No doubt many are offended by the idea of same-sex marriage. But, of course, those who don't like the idea of same-sex marriage don't have to marry someone of the same sex.