In California yesterday, Chief U.S. District Judge Vaughn Walker ruled that Proposition 8, the 2008 ballot initiative which outlawed same-sex marriage in that state, is unconstitutional. More specifically, he found that Prop 8 violated the constitutional due process and equal protection rights of same-sex couples.
In his 136-page ruling, Judge Walker put forth the following conclusion:
"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional."Bravo!
But don't put on your wedding dresses just yet. The anti-love bigots have said they will appeal, and this case could very likely go all the way to the U.S. Supreme Court. And, as recently noted by Lorri Jean, CEO of the LA Gay & Lesbian Center, "This is the most conservative Supreme Court in 70 years in this country, so it’s not a slam dunk."
Still, yesterday's ruling should give us some hope, and certainly a good reason to celebrate this small step forward.
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