California Supreme Court rules law against same-sex marriage unconstitutional Tom Smith

And there you have it.  I was wondering whether the law was constitutional or not, and it is a relief to finally get that settled by such a font of legal learning.  It may even be worthwhile to read the opinion.  Though probably not.

ACTUALLY I started reading it, and so far, it's a hoot.  So maybe it is worth reading!  So far, it looks like banning same sex marriage would be OK, if you got rid of domestic partnerships too.  You've got to see how that ends.

POLITICAL update here.

PAPA not persuaded.

Comments

[krome]

If the legislatures were smart (I know, they very decidedly aren't), they would set up a structure allowing for a fairly wide ranging form of domestic partnership open to people regardless of sex or whether they are sexually active with each other. Any pair could use it to structure a singular domestic unti - two old spinster sisters, for example. Take the whole 'gay' issue out of it.

[josil]

Will someone please explain why unconventional marital arrangements such as gay marriage can be legal but polyandry and polygamy cannot? It seems incredibly arbitrary. If the standard of legality is that the arrangement be consensual (love, committment, etc.), then I don't see how pairs can be the only logical basis for marriage. Is there some obscure mathematical principle at issue?