A Fine Argument for Gay Marriage, but a Flawed Legal Opinion
The judge outlines how changes in the historic role of women in society has changed from being subservient, and role specific, to that of a more equal footing of the male in modern society. The judge demonstrates that gender roles of men and women within the bond of marriage can no longer be used as justification for limiting marriage to one of each sex.
Let us step back here.
History shows that the historic role of women was subservient and role specific in 1869 (a year after the 14th was ratified). Note that Walker stated that gender roles “may no longer be used“, not :may not be used” or “may not have been used in 1868, and may not be used now.”
Does this mean gender roles could have been used in 1869 to uphold policies identical to Proposition 8? Does this mean that constitutionality of policies change over time due to changing social conditions without an intervening constitutional amendment?
