Yesterday evening, California began the process of providing equal government services to all its citizens. Of course, I refer to the California Supreme Court's decision that incorporates homosexual couples into a mainstream staple of society, marriage.
Besides Massachusetts, California is the only state that protects full marital rights for homosexuals. It is, indeed, within the purview of state courts to provide equal protection to its citizens. Some states, like Kentucky, have enacted constitutional bans of homosexual rights. These bans, however, will not stand the scrutiny of federal courts. They impede upon the rights of a minority population, which is in stark violation of the United States Constitution. The Fourteenth Amendment clearly states: "No state shall...deny to any person within its jurisdiction the equal protection of the laws."
By excluding homosexual individuals, and couples, from participating in a state sanctioned activity, to wit: marriage, then that state has denied equal protection of the law for those individuals. That is exactly why state courts in Massachusetts and California have paved the way for the inclusion of marriage for all individuals. They are simply ensuring all people have equal access to the law.
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