Vaughn R. Walker, Perry v. Schwarzenegger — 12:Conclusions of Law--Due Process (2010)
“ Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths ”
Vaughn R. Walker, Perry v. Schwarzenegger — 12:Conclusions of Law--Due Process (2010)
“ Having determined that plaintiffs seek to exercise their fundamental right to marry under the Due Process Clause, the court must consider whether the availability of Registered Domestic Partnerships fulfills California's due process obligation to same-sex couples. The evidence shows that domestic partnerships were created as an alternative to marriage that distinguish same-sex from opposite-sex couples. ”
Vaughn R. Walker, Perry v. Schwarzenegger — 12:Conclusions of Law--Due Process (2010)
“ The evidence shows that the movement of marriage away from a gendered institution and toward an institution free from state-mandated gender roles reflects an evolution in the understanding of gender rather than a change in marriage. The evidence did not show any historical purpose for excluding same-sex couples from marriage, as states have never required spouses to have an ability or willingness to procreate in order to marry. ”
