Whether or not gay marriage is unconstitutional varies by
law from state to state. This causes controversy within the state itself
instead of a move to make national
changes. Recently in this debate, more and more states have been toying
with the idea to make same sex marriage legal. Most recently, California has
lifted its ban against same sex marriage, allowing thousands of gay couples
throughout the state to marry. In the article by Howard Mintz, “Proposition 8
Case: Judge Who Struck Down California’s Gay Marriage Ban Speaks Out,” Mintz
describes the facts behind the original gay marriage ban itself and also the
reasons why the judge decided to lift the ban. This article is extremely recent
and reflects many of the changes that we are seeing throughout the nation
today. The judge began this process in
May of 2009, where Vaugn Walker found the case of Perry v. Schwarzenegger. It
also goes into the personal life of the judge himself. It describes him as
having a “quietly but openly in a long term gay relationship with a doctor.”
Not only did this personally effect the judge, but he felt that it would affect
everyone going through the trials and tribulations that he and his partner have
gone through. He did, however, recognize the complexities of the case. It was a
much different case in 2009: fewer states had legalized same sex marriage. The
evidence was not hard to judge: lawyers put same-sex couples on parade of the
witness stand whereas those who were against gay marriage put only two
witnesses on to the stand. These two witnesses later come out in favor of
same-sex marriage rights. This article is a reflection of the movement that is
happening now and will continue to evolve into the future. Walker understands
the decision he made was vital and a role model for the rest of the US, and
reacts as such.
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