Findings of Fact for Proposition 8 Part III

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
5. WHETHER THE EVIDENCE SHOWS THAT PROPOSITION 8 ENACTED A PRIVATE MORAL VIEW WITHOUT ADVANCING A LEGITIMATE GOVERNMENT INTEREST

The final section discussing the facts of the case. In this section of the Proposition 8 decision, Judge Walker is exploring whether or not there is any legitimate secular or government interests that are addressed by Prop 8. Why is this important? Because we are a constitutional republic, not a theocracy. Laws that are passed solely to enforce private moral or religious views, and in doing so infringe upon the rights of other citizens, are unconstitutional.

WHETHER THE EVIDENCE SHOWS THAT PROPOSITION 8
ENACTED A PRIVATE MORAL VIEW WITHOUT
ADVANCING A LEGITIMATE GOVERNMENT INTEREST

57. Under Proposition 8, whether a couple can obtain a marriage license and enter into marriage depends on the genders of the two parties relative to one another. A man is permitted to marry a woman but not another man. A woman is permitted to marry a man but not another woman. Proposition 8 bars state and county officials from issuing marriage licenses to same-sex couples. It has no other legal effect.

58. Proposition 8 places the force of law behind stigmas against gays and lesbians, including: gays and lesbians do not have intimate relationships similar to heterosexual couples; gays and lesbians are not as good as heterosexuals; and gay and lesbian relationships do not deserve the full recognition of society.

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59. Proposition 8 requires California to treat same-sex couples differently from opposite-sex couples.

60. Proposition 8 reserves the most socially valued form of relationship (marriage) for opposite-sex couples.

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61. Proposition 8 amends the California Constitution to codify distinct and unique roles for men and women in marriage.*
[*Previously in the decision we saw how the facts show that these "distinct and unique" gender roles are outdated, and have no other legal recognition or enforcement outside of the Prop 8 amendment.]

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62. Proposition 8 does not affect the First Amendment rights of those opposed to marriage for same-sex couples. Prior to Proposition 8, no religious group was required to recognize marriage for same-sex couples.

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63. Proposition 8 eliminates the right to marry for gays and lesbians but does not affect any other substantive right under the California Constitution. Strauss, 207 P3d at 102 (“Proposition 8 does not eliminate the substantial substantive [constitutional] protections afforded to same-sex couples[.]”) (emphasis in original).

64. Proposition 8 has had a negative fiscal impact on California and local governments.

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65. CCSF would benefit economically if Proposition 8 were not in effect.

66. Proposition 8 increases costs and decreases wealth for same-sex couples because of increased tax burdens, decreased availability of health insurance and higher transactions costs to secure rights and obligations typically associated with marriage. Domestic partnership reduces but does not eliminate these costs.

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67. Proposition 8 singles out gays and lesbians and legitimates their unequal treatment. Proposition 8 perpetuates the stereotype that gays and lesbians are incapable of forming long-term loving relationships and that gays and lesbians are not good parents.

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68. Proposition 8 results in frequent reminders for gays and lesbians in committed long-term relationships that their relationships are not as highly valued as opposite-sex relationships.

69. The factors that affect whether a child is well-adjusted are: (1) the quality of a child’s relationship with his or her parents; (2) the quality of the relationship between a child’s parents or significant adults in the child’s life; and (3) the availability of economic and social resources. Tr 1010:13-1011:13 (Lamb).

70. The gender of a child’s parent is not a factor in a child’s adjustment. The sexual orientation of an individual does not determine whether that individual can be a good parent. Children raised by gay or lesbian parents are as likely as children raised by heterosexual parents to be healthy, successful and well-adjusted. The research supporting this conclusion is accepted beyond serious debate in the field of developmental psychology.

71. Children do not need to be raised by a male parent and a female parent to be well-adjusted, and having both a male and a female parent does not increase the likelihood that a child will be well-adjusted. Tr 1014:25-1015:19; 1038:23-1040:17 (Lamb).

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72. The genetic relationship between a parent and a child is not related to a child’s adjustment outcomes. Tr 1040:22-1042:10 (Lamb).

73. Studies comparing outcomes for children raised by married opposite-sex parents to children raised by single or divorced parents do not inform conclusions about outcomes for children raised by same-sex parents in stable, long-term relationships. Tr 1187:13-1189:6 (Lamb).

74. Gays and lesbians have been victims of a long history of discrimination.

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75. Public and private discrimination against gays and lesbians occurs in California and in the United States.

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76. Well-known stereotypes about gay men and lesbians include a belief that gays and lesbians are affluent, self-absorbed and incapable of forming long-term intimate relationships. Other stereotypes imagine gay men and lesbians as disease vectors or as child molesters who recruit young children into homosexuality. No evidence supports these stereotypes.
[The case against these stereotypes takes nearly four pages of facts revealed during the trial.]

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77. Religious beliefs that gay and lesbian relationships are sinful or inferior to heterosexual relationships harm gays and lesbians.
[The judge takes an additional three pages citing evidence given during the trial to support this.]

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78. Stereotypes and misinformation have resulted in social and legal disadvantages for gays and lesbians.
[Nearly three pages of evidence supports this fact as well.]

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79. The Proposition 8 campaign relied on fears that children exposed to the concept of same-sex marriage may become gay or lesbian. The reason children need to be protected from same-sex marriage was never articulated in official campaign advertisements. Nevertheless, the advertisements insinuated that learning about same-sex marriage could make a child gay or lesbian and that parents should dread having a gay or lesbian child.
[Four pages of evidence]

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80. The campaign to pass Proposition 8 relied on stereotypes to show that same-sex relationships are inferior to opposite-sex relationships.

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Proponents of Proposition 8 failed to demonstrate any government interest for denying civil rights to same-sex couples. The amendment did nothing to protect the rights of Christians or the safety of children, because the only thing it would have protected is a Christian's ability to discriminate against gays and lesbians, and possibly forestall explaining homosexuality to their kids. Bigotry and denial are the only religious "rights" that Prop 8 is protecting.

On the other hand, the plaintiffs clearly showed how Prop 8 works against several legitimate government and social interests. It also legitimizes government and public discrimination of gays and lesbians by enshrining false stereotypes as legal justifications. These charges alone would be enough to overturn most laws targeting minorities, and coupled with the lack of legitimate state interest, Prop 8 is clearly in violation of our constitution. In the next post I'll review Judge Walker's explanation for why this is.

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