“serves only to hurt, to discriminate, to deprive same-sex couples and their families of equal dignity, to label and treat them as second-class citizens, and to deem them unworthy of participation in one of the fundamental institutions of our society,”
In every state where such bans have been passed, the true motivation of the Christofascists who led the charge has been anti-gay animus and the goal of keeping gays and inferior under the law. To punish us, if you will, for refusing to live our lives in accordance with the Christofascists' hate and fear based religious dogma. Kudos to Judge Zabel for calling a spade a spade. The Miami Herald has more details. Here are highlights:
A Miami-Dade judge declared Florida’s gay-marriage ban unconstitutional on Friday, in a sweeping ruling that cut a wide swath through American history — from the Declaration of Independence to slavery to Jim Crow to equality for women — as much as it drew from recent Supreme Court decisions.
Preventing same-sex couples from marrying, “serves only to hurt, to discriminate, to deprive same-sex couples and their families of equal dignity, to label and treat them as second-class citizens, and to deem them unworthy of participation in one of the fundamental institutions of our society,” Circuit Judge Sarah Zabel said.
Zabel became the second South Florida judge in eight days to declare that Florida’s constitutional amendment banning gay marriage violates the U.S. Constitution’s equal protection and due process clauses.
Last week, a Keys judge also ruled the ban unconstitutional. That ruling was stayed when the state attorney general’s office appealed, and Zabel stayed her own order Friday pending an appeal, saying she understood her decision would not be the “final word” on the issue.
Among other landmark Supreme Court cases, Zabel cited Loving v. Virginia, the 1967 case in which the court threw out all state prohibitions against interracial marriage.
Zabel said fundamental constitutional rights are not subject to majority approval. “A state’s constitution cannot insulate a law that otherwise violates the U.S. Constitution,” she wrote. “The United States Constitution would be meaningless if its principles were not shielded from the will of the majority.”
John Stemberger, who led the 2008 campaign to amend the state constitution, was vehemently critical of Zabel’s decision, especially her reference to the Supreme Court case on interracial marriage.
Anthony Verdugo, president of the conservative Christian Family Coalition, called Zabel’s ruling “corrupt” and “simply illegitimate.”
“It goes against Windsor because Windsor says the states have the right to regulate marital relations,” Verdugo said. “It goes against that precedent. She has inserted herself into that federal document to overthrow eight million votes. Voter rights is a fundamental freedom. She has overthrown and violated voter rights.”
But Elizabeth Schwartz, a Miami Beach lawyer for the six Miami-Dade couples, said Zabel’s ruling “makes it crystal clear why the Florida marriage bans are unconstitutional.”
“Judge Zabel considered, enumerated and rejected the meritless arguments of the anti-equality forces,” Schwartz said. “We’re anxious to move forward to appeal on the strength of this soaring order.”
What's really corrupt and illegitimate is the Christofascists bigotry and demands that others subscribe to their ugly religious beliefs.
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