The whole document it’s entirety, courtesy of the New York Times. There is some scrumptious reading here; things that just make me giddy with glee.
“Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.”
“Proposition 8 was premised on the belief that same-sex couples simply are not as good as opposite-sex couples. Whether that belief is based on moral disapproval of homosexuality, animus towards gays and lesbians or simply a belief that a relationship between a man and a woman is inherently better than a relationship between two men or two women, this belief is not a proper basis on which to legislate.”
“Moral disapproval alone is an improper basis on which to deny rights to gay men and women.”
“Same-sex couples are identical to opposite-sex couples in the characteristics relevant to the ability to form successful marital unions.”
“The sexual orientation of an individual does not determine whether that individual can be a good parent.”
“Gender no longer forms an essential part of marriage; marriage under law is a union of equals.”
“That the majority of California voters supported Proposition 8 is irrelevant, as ‘fundamental rights may not be submitted to [a] vote; they depend on the outcome of no elections.'”