Wednesday, October 25, 2006

Huh?

"Although we cannot find that a fundamental right to same-sex marriage exists in this state, the unequal dispensation of rights and benefits to committed same-sex partners can no longer be tolerated under our state Constitution," Justice Barry T. Albin from New Jersey argued, in passing a state court ruling that does... exactly what?

Does he mean find as in when you're looking for something, or find as in "pass judgement"? If the first, duh! Gay marriage is nowhere to be found. At least not in that constitution he refers to towards the end, which is where i supposed he would have looked. If the second, why can he not pass judgement on it being a fundamental right? "The unequal dispensation of rights and benefits to committed same-sex partners can no longer be tolerated", but marriage is one of those rights, isn't it?

Maybe he meant that the constitution must be interpreted to say that denying such rights is inconstitutional, even though it does not expressly allow homosexual marriages. If so, it needs to be changed to include them.

OK, 6-7 for clarity. As for intentions, let's give him the benefit of the doubt.

1 comment:

Anicko said...

Good news from Finland! (not directly related but to same-sex rights at least so I decided to post).

The government has voted YES for the "fertilization treatment law" and from now on, also lesbian couples are allowed to get in-vitro treatment and be parents. That wasn't, as far as I've understood, forbidden either but from now on there is a law about the whole thing that clearly points out their rights. Still, lending uterus for another couple is not allowed, an issue I understand why.

You can guess who were against the proposal: Christian democrats and most male politicians. To be honest, I know in my heart that many politicians who were against the proposal honestly really really think that every child needs a father, so in this case, I think, all the politicians in the government were relying on the conscience - which made the result so exciting.

This time, I'm content :)

Locations of visitors to this page