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Proposition 8: ‘No Rational Basis’

August 2010

California's Proposition 8, the statewide ban on same-sex marriages, has been struck down. It's a good thing, but it has little effect on us directly.

However, some potentially useful things came out of it. In particular, the legal process required evidence to be presented and assessed for all the claims made by those both for and against same-sex marriage. Given the perfect opportunity, and no lack of funding, those arguing that same-sex marriage was destructive and undermined the institution of marriage were able to find… no convincing evidence at all. The law was struck down primarily because it had, in the judge's words, ‘no rational basis.’ No evidence could be found that same-sex marriage is harmful.

I suspect most of us intuitively know that anyway, but it's helpful to know that there is concrete evidence for that view, and none against.

A couple of summaries of the judge's findings can be found at Fannie's Room and the Yes Means Yes blog.