Poll: Were Judges Right to Reject Prop. 8 as Unconstitutional?

The U.S. Ninth Circuit Court of Appeals on Tuesday ruled that Proposition 8—the gay marriage ban in California—is unconstitutional. (Ruling and summary attached.)

Because under California statutory law, same-sex couples had all the rights of opposite-sex couples, regardless of their marital status, all parties agree that Proposition 8 had one effect only. It stripped same-sex couples of the ability they previously possessed to obtain from the State, or any other authorized party, an important right—the right to obtain and use the designation of 'marriage' to describe their relationships. Nothing more, nothing less.

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Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples. The Constitution simply does not allow for "laws of this sort."

Gov. Jerry Brown supported the decision in a statement, saying, "The court has rendered a powerful affirmation of the right of same-sex couples to marry. I applaud the wisdom and courage of this decision.”

That's what the judges think. How about you?