Activist judges in California today determined that Prop 8 will be allowed to stand, preventing thousands of couples frm getting married. The bright spot is that 18,000 couples who are already married can stay married.

That this passed mystifies me, seriously. I quite simply have not seen any actual arguments for allowing, even forcing, government officials to discriminate on the basis of sexual orientation. Thing is, California sucks. Technically, the decision was on procedural grounds: the question wasn’t, officially, about whether same-sex marriage is cool, but whether the proposition is valid law. However, it’s not really hard to find minute points of law to reach the best decision; supreme court justices’ hands are seldom absolutely tied.

It seems, however, that the six in California who voted to uphold were cowed by the same massive misinformation campaign that convinced California voters to approve the ballot issue last November, or (more likely) fearful that frenzied homophobes would perceive them as “on the side of” the gays.

Not that there’s anything wrong with that.

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