Proponents and opponents of gay marriage, the end is nigh.
The ruling today was a thing of beauty, not just because Prop 8 was overturned, but because the language in the decision basically positions Gay Americans as equal to every other American in every single way.
And, the cherry on top of the judicial sundae? A Republican appointed judge wrote a lengthy repudiation of every single conservative talking point against gay marriage.
Why? Because the defense didn’t present any compelling reasons why Gay Americans should be denied marriage rights. In fact, in many cases during the trial they had to admit that gay marriage has absolutely no effect on straight marriage.
“Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license,” wrote U.S. District Court Judge Vaughn Walker in a 136-page decision. “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.” [...]
Lawyers supporting the ballot measure had argued that voters endorsed a “fundamental, definitional feature” of marriage that has historical roots “in this country and, almost without exception, in every civilized society that has ever existed.”
But Walker found the plaintiffs in the case — one lesbian and one gay couple — demonstrated by “overwhelming evidence” that Proposition 8 violates their rights to due process and equal protection under the Constitution.
“Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians. The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples,” wrote Judge Walker.
Now it’s on to the Supreme Court, where it’s extremely likely that the decision will be affirmed…which will then nullify all of the state amendments that define marriage should strictly be between a man and a woman.
Long story short, it’s a good day for all Americans in the long run, even though many don’t think so today.
Please leave your thoughts below.
This entry was posted on Wednesday, August 4th, 2010 and is filed under California, Homosexuality, Law, Legislation, Proposition 8, Sexuality. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.