This is the Ninth Circuit Court's decision striking down Idaho and Nevada's gay marriage bans, issued today.
Judge Reinhardt, who wrote the decision, evidently has something of a sense of humor; one of his footnotes, on page 21, reads:
He also states, in conclusory fashion, that allowing same-sex marriage will lead opposite-sex couples to abuse alcohol and drugs, engage in extramarital affairs, take on demanding work schedules, and participate in time-consuming hobbies. We seriously doubt that allowing committed same-sex couples to settle down in legally recognized marriages will drive opposite-sex couples to sex, drugs, and rock-and-roll.
Which made me both laugh out loud and shake my head at the stupidity of such an argument. As if many opposite-sex couples weren't already doing all those things.
There's also a very interesting concurring opinion, written by Judge Berzon, starting on page 50 of the 95-page document. He argues that not only do "these same-sex marriage prohibitions fail because they discriminate on the basis of sexual orientation," but because of "impermissible gender classifications," based on "the baggage of sexual stereotypes."
The opinion is quite long, but well worth your time. Hopefully, this will apply to all the other states in the Ninth Circuit....which means that my home state of Arizona will have to wave its discriminatory little amendment bye-bye.
About damn time.
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