California’s Gay Marriage Ban Overturned.
Today a federal judge in California
overturned that state’s ban on gay marriage, ruling that it
violates the 14th Amendment’s command that no state may “deny to
any person within its jurisdiction the equal protection of the
laws.” In response to a lawsuit filed by several same-sex couples,
U.S. District Judge Vaughn Walker concluded that Proposition 8, a
2008 ballot initiative that amended California’s constitution to
prohibit gay marriage, “unconstitutionally burdens the exercise of
the fundamental right to marry and creates an irrational
classification on the basis of sexual orientation.”
[Hit and Run]
It’s pretty rare for the 14th Amendment to be enforced. I suspect that if this case had involved any significant restraint on government power, the outcome would have been different.