In the district court's recent opinion regarding the constitutionality of
Proposition 8, Judge Walker included the following as Finding of Fact #77 (page
103 of the opinion):
"Religious beliefs that gay and lesbian relationships are sinful or inferior to
heterosexual relationships harm gays and lesbians."
I am troubled by the fact that Judge Walker's finding is tied to religious
"beliefs" rather than simply talking about discriminatory"actions" (which can
presumably be dealt with by appropriately drafted non-discrimination laws and
which may be caused by either religious or non-religious beliefs). A finding
that religious beliefs themselves "harm" other people (particularly a
particular class of people which Judge Walker concludes are entitled to
strict scrutiny review as "the type of minority strict scrutiny was designed to
protect") strikes me as a conclusion that could lead to problematic First
Amendment issues related to both freedom of religion and speech.
Others thoughts on this particular finding?
Will
Will Esser --- Ad Majorem Dei Gloriam
Charlotte, North Carolina
********************
"We can easily forgive a child who is afraid of the dark;
the real tragedy is when men are afraid of the light."
(Attributed to Plato, 428-345 B.C.)
********************
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