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Saturday, August 14, 2004

A WINDING PATH TO GAY MARRIAGE: New York Times editorial

...This week's decision found that a mayor could not be allowed to pick and choose among the array of state laws, deeming some not worthy of enforcement. Nor, the court carefully hypothesized, may a mayor accede to constituents' counterpressures by ignoring the limited domestic-partner protections already on the books to benefit gay couples. Should the state ban on gay marriages be judicially overturned as unconstitutional, same-sex couples would then be free to enter valid marriages, the court emphasized. ...

The San Francisco decision--which somehow drew no new conservative outcries against "activist judges"--should be seen as but a bump on the way to progress. Just as California was the first state to strike down its own laws against interracial marriage, we expect that it will ultimately find a constitutional basis for the human right to same-sex marriage.

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[David Blankenhorn replies to that last line here. --Eve]

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