Prop 8 and Fundamental Human Rights
Today, August 4th, 2010, US District Chief Judge, Vaughn R. Walker ruled that it is unconstitutional to prevent same sex couples from marrying, thus over-turning Proposition 8 in CA that denied same-sex couples the right to marry. This decision is a strong affirmation of sexual freedom as a fundamental human right. When a Judge says it's "unconstitutional" to deny same sex partners the right to marry, that Judge is echoing the sentiments of the Woodhull Freedom Foundation.
Human Rights are interdependent, intersectional, inalienable rights that are the birthright of all human beings, regardless of geography, nationality or identity. One of the most important functions of government is to ensure that human rights are respected and protected. Note that it is NOT the function of the government to grant or deny those rights but, rather, to respect and protect them.
"We said at the beginning of this case that we would prove three things," Boies, one of the two attorneys trying this case, said. "We said we would prove that marriage is a fundamental right. We said we would prove that depriving gay and lesbian couples of the right to marry seriously harmed them and harmed the children they're raising. And we said we would prove that depriving gay and lesbian couples of the right to marry had no redeeming social value, no contribution to heterosexual marriage, no legitimate state interest. We proved all three of those things."
When our rights are granted or denied by the government – civil rights – that granting should not impinge on those rights that accrue to us by right of our humanity. The court decision today has upheld that position in declaring the restriction of the right to marry the partner of one's choice unconstitutional.
Woodhull joins in celebrating this human rights victory!