Thursday, February 14, 2008
Colorado's Ban on Gay Marriage
Here's a lawsuit I support: one brought by a lesbian couple here in my home state to overturn our ban on gay marriage. This amendment to the CO constitution was one of the first causes that Rex and I championed together, but alas, Coloradoans did not agree with us that we shouldn't put a ban IN THE STATE CONSTITUTION. It was a ridiculous amendment, evidence of the mass hysteria felt by some people when they think of marriage applying to gays. Colorado is only one of many states that have such constitutional bans, and I am glad to see that we are challenging it [or that this couple is, anyway]. Their challenge is under the equal protection clause, so the real question is whether a judge will find sexual orientation to be a protected class. I hope so. The right to marry is sketchy because the Supreme Court has found such a right to exist, but not as to what that entails in terms of the couple's gender makeup.
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