Findings of Fact for Proposition 8 Part II

1. PLAINTIFFS’ CASE AGAINST PROPOSITION 8
2. PROPONENTS’ DEFENSE OF PROPOSITION 8
3.WHETHER ANY EVIDENCE SUPPORTS CALIFORNIA’S REFUSAL TO RECOGNIZE MARRIAGE BETWEEN TWO PEOPLE BECAUSE OF THEIR SEX
4. WHETHER ANY EVIDENCE SHOWS CALIFORNIA HAS AN INTEREST IN DIFFERENTIATING BETWEEN SAME-SEX AND OPPOSITE-SEX UNIONS

More on the Findings of Fact from Proposition 8 today, I'll just jump right into it. You might notice that there are very few finding enumerated per page, there is a great number of supporting pieces of evidence for most of the facts in this section. If you want the full text of the decision to see the supporting evidence, click here.

WHETHER ANY EVIDENCE SHOWS CALIFORNIA HAS AN INTEREST IN
DIFFERENTIATING BETWEEN SAME-SEX AND OPPOSITE-SEX UNIONS

42. Same-sex love and intimacy are well-documented in human history. The concept of an identity based on object desire; that is, whether an individual desires a relationship with someone of the opposite sex (heterosexual), same sex (homosexual) or either sex (bisexual), developed in the late nineteenth century.

43. Sexual orientation refers to an enduring pattern of sexual, affectional or romantic desires for and attractions to men, women or both sexes. An individual’s sexual orientation can be expressed through self-identification, behavior or attraction. The vast majority of people are consistent in self-identification, behavior and attraction throughout their adult lives.

44. Sexual orientation is commonly discussed as a characteristic of the individual. Sexual orientation is fundamental to a person’s identity and is a distinguishing characteristic that defines gays and lesbians as a discrete group. Proponents’ assertion that sexual orientation cannot be defined is contrary to the weight of the evidence.

[PAGES 71-72]

45. Proponents’ campaign for Proposition 8 assumed voters understood the existence of homosexuals as individuals distinct from heterosexuals.

[PAGE 73]

46. Individuals do not generally choose their sexual orientation. No credible evidence supports a finding that an individual may, through conscious decision, therapeutic intervention or any other method, change his or her sexual orientation.

[PAGE 74]

47. California has no interest in asking gays and lesbians to change their sexual orientation or in reducing the number of gays and lesbians in California.

[PAGE 76]

48. Same-sex couples are identical to opposite-sex couples in the characteristics relevant to the ability to form successful marital unions. Like opposite-sex couples, same-sex couples have happy, satisfying relationships and form deep emotional bonds and strong commitments to their partners. Standardized measures of relationship satisfaction, relationship adjustment and love do not differ depending on whether a couple is same-sex or opposite-sex.

[PAGE 77]

49. California law permits and encourages gays and lesbians to become parents through adoption, foster parenting or assistive reproductive technology. Approximately eighteen percent of same-sex couples in California are raising children.

[PAGE 78]

50. Same-sex couples receive the same tangible and intangible benefits from marriage that opposite-sex couples receive.

51. Marrying a person of the opposite sex is an unrealistic option for gay and lesbian individuals.

[PAGE 79]

52. Domestic partnerships lack the social meaning associated with marriage, and marriage is widely regarded as the definitive expression of love and commitment in the United States.

[PAGE 80]

53. Domestic partners are not married under California law. California domestic partnerships may not be recognized in other states and are not recognized by the federal government.

[PAGE 81]

54. The availability of domestic partnership does not provide gays and lesbians with a status equivalent to marriage because the cultural meaning of marriage and its associated benefits are intentionally withheld from same-sex couples in domestic partnerships.

[PAGE 82]

55. Permitting same-sex couples to marry will not affect the number of opposite-sex couples who marry, divorce, cohabit, have children outside of marriage or otherwise affect the stability of opposite-sex marriages.

[PAGE 83]

56. The children of same-sex couples benefit when their parents can marry.

[PAGE 84]

California law does not make distinctions between same-sex couples and opposite-sex couples in any area beyond the question of marriage. They can have families and raise children, but they must do so without the same rights and recognitions that opposite couples enjoy. So if you want greater social and family stability, allow them to marry.

Unfortunately there are some that either recognize this weakness in their argument, or are even more bigoted than the Alliance Defense Fund (the proponents of Prop 8). Some Christians are complaining that the anti-gay movement in California being too "soft" by only focusing on marriage.

The YouTube channel iloveJesus420 is compiling a large selection of anti-gay rights activists at work. These people thing homosexuality is by dirty by definition, and should be illegal. Would they advocate removing the children of gay parents from their homes and putting them in the foster system? Would they advocate prosecuting homosexuality with jail time? I hope not, but when confronted on the street with these questions they just say they defer to "god's word" or that they will "pray you see the evil of your ways," and walk away.

That's all they have folks. No arguments, no evidence. Just a moral compass calibrated on an old book's sense of cleanliness, and prayers.

4. WHETHER ANY EVIDENCE SHOWS CALIFORNIA HAS AN INTEREST IN DIFFERENTIATING BETWEEN SAME-SEX AND OPPOSITE-SEX UNIONS
5. WHETHER THE EVIDENCE SHOWS THAT PROPOSITION 8 ENACTED A PRIVATE MORAL VIEW WITHOUT ADVANCING A LEGITIMATE GOVERNMENT INTEREST
6. CONCLUSIONS OF LAW: DUE PROCESS
7. CONCLUSIONS OF LAW: EQUAL PROTECTION
8. CONCLUSIONS AND REMEDIES

Fighting for equality,

Mike