Press Thursday, August 5, 2010
GAY MARRIAGE. CALIFORNIA, AND BAN 'UNCONSTITUTIONAL:
INABILITY TO 'POLICY REQUIRES ACTION Judiciary.
Commentary on the California court ruling
who established the ban on gay marriage unconstitutional.
Federal Judge Vaughn R. Walker of the California with the ruling expressed it yesterday ruled against a ban on marriages gay, as set by the referendum known as Proposition 8. " The referendum was promoted by a coalition of religious denominations. According to the national
Walker, prevent homosexuals to marry is discriminatory . Proposition 8 reads the statement, is "unconstitutional" and does not provide the ban "no rational basis" , but merely states categorically that "heterosexual couples are superior to homosexual couples." "The only moral disapproval is an improper basis for denying rights to gays and lesbians," says the judge, adding: "it is clear that the moral and religious are the only basis for believing that the pairs of the same sex are different from heterosexual ones. "As if to say: a rule of law can not make them his own .
Walker, noting that opposition to gay marriage has a strong religious motivation, said that against 'the interest of a state when put in place a rule by its very nature must be secular " and that" the state has no interest in strengthening the moral or religious beliefs without being accompanied by a secular purpose. "Banning Gay marriage is therefore "an artifact of a time when genres were seen as having different roles in society and in marriage," a time "has passed," said Walker.
Once again - as in Italy with the recent ruling 138/2010 - the inability of politics of legislating for equality secularly of all citizens and all citizens before the law, as enshrined in our Constitution, has forced the judiciary to intervene .
The success of the LGBT movement in California is a news that warms the hearts of hope and desire to do hands , because the battle for equal rights where he was started again with enthusiasm. And 'the case to exclaim the famous verse of the song by the Eagles: "Welcome To The Hotel California" .
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