The recent decision by the Federal Court declaring Proposition 8 unconstitutional is yet another classic example of the utility and power of the U.S. Constitution when properly interpreted. The ruling is significant not only because it represents a move towards greater understanding and tolerance but - in my view - because it demonstrates that fundamental rights such as equality and the right to marry are rendered merely illusory unless they be subject to judicial scrutiny. The notion that such fundamental rights could be left to the electorate to decide will be judged by history to have been not only wrong but a cowardly attempt to appease gays and lesbians with an inferior right while preserving the full right of marriage for the broader population. To put it succinctly, the Federal Court's ruling soundly "outed" the shortcomings of that legislative enactment and in so doing those who supported it.
Ernest J. Guiste, Trial & Appeal Lawyer
Note: This commentary is written for the sole purpose of encouraging public discourse on an issue of public importance.