A Decision Comprised of Indecision

Less than an hour ago the California Supreme Court rejected that Same-Sex marriages are considered equal under constitutional law, however sanctioned the marriages that have already taken place. This decision not only restricts the rights of homosexuals, it undermines the very notion of the Rule of Law.

This decision creates two classes of homosexuals, those who are privileged to have obtained marriages and those who cannot. In essence, the California Supreme Court is rewarding gay couples who got married inside a legal window of time, validating the rights afforded to conventional married men and women, and restricting the rights of everyone else.

In the midst of debating the constitution, it is a modern day marvel that the constitution ceased to be upheld. However when one considers the populace stance on same-sex marriage, this court decision makes more sense. There are two basic premises involved here: 1) that a large segment of the population is afraid of either losing the rights they have already obtained or of being denied those rights entirely and 2) There is an equally large population pushing a religious argument against same-sex marriage. Instead of basing their argument on legal rights, these men and women chose to construct a religious-based offensive, putting individual rights one step below that of religious dogma.

The Court’s decision reflects the contradictions posed in these premises. On one hand, this ruling respects the legality of same-sex marriage but at the same time prevents any further marriages and deems that some homosexuals have fewer rights than the rest of the men and women in this country. The Rule of Law is clear: no man or women can be excused from the law, regardless of their sex, race, political standing, etc.

At best this decision is one based upon fear and popular demand. The ruling is sure to be debated and deconstructed.

But when all the smoke clears from this battle for rights, it must be determined that law cannot be made on a casual basis in order to pacify people for the moment. The welfare of all the people must be taken into account when interpreting the constitution and when creating law.