Wednesday, August 4, 2010

Prop 8 Ruled Unconstitutional

A federal judge in California has ruled that Proposition 8, which amended California's constitution to ban same-sex marriage, violates the US constitution. This is wonderful news, although it's only the first step; further appeals are likely to go all the way to the Supreme Court.

"After hearing extensive evidence in support of marriage equality, and essentially no defense of the discrimination wrought by Prop 8, Judge Walker reached the same conclusion we have always known to be true – the Constitution’s protections are for all Americans, including the lesbian, gay, bisexual and transgender community," said HRC President Joe Solmonese. "We thank the courageous plaintiff couples, the American Foundation for Equal Rights, and attorneys Ted Olson and David Boies for their tremendous efforts leading to today’s decision and their ongoing commitment as the case moves forward on appeal. The battle for marriage equality continues, and we must all continue our work – in courthouses and statehouses, in church pews and living rooms – until equality is reality for LGBT people and our families everywhere."

This is wonderful. If the Supreme Court rules the same way, that should effectively grant marriage equality throughout the country, if I'm not missing something. (If I am, someone please point it out in comments.) But we could be just a few years from having this mess completely behind us.

Thanks to James Buchanan for the link.



Vegetarian Cannibal said...

Hurray! I was so happy when I got the news! Huzzah!

Angie said...

VC -- isn't it awesome! :D

Angie, clinking glasses with you

Suzan Harden said...

I think it's telling when even the Governator and the AG refused to defend it in court, and the judge rendering the ruling was appointed by Reagan.

Now, on to the Supremes!

Angie said...

Suzan -- there are people of good conscience on both sides of the political spectrum. [nod] The Supreme Court is currently pretty conservative, but I have hope that when it gets there (I'm pretty sure it has one more stop first) the Justices will rule based on what's right rather than on their personal preferences.


writtenwyrdd said...

I'm so glad to hear it.

Charles Gramlich said...

If only that would be the end of the story but the other side plans to appeal from all I've heard. What a waste of everyone's energy. Who could possibly care if two people of any stripe want to get married? I just don't get it.

Angie said...

WW -- isn't it great news? :D

Charles -- I agree. [sigh] I mean, seriously, I'm straight and married and I didn't suddenly feel an overwhelming desire to get a divorce when those 18,000 gay couples got married during the months when it was legal. My marriage is still solid; gay marriage in no way "threatens" straight marriage. I really have to wonder what the people who insist it does are thinking. :(

It's no one else's business if two people want to get married. Heck, I don't think it's anyone else's business if three or four people want to all be married together. [shrug] It doesn't hurt anyone else, so why all the fuss? You're right about the waste of energy, to say nothing of taxpayer money.


Suzan Harden said...

The Ninth Court of Appeals is pretty effing liberal. I can't see them reversing Judge Walker's pretty thorough analysis.

The real question will be if the Supreme Court will hear the case when the case is appealed again. Most people don't realize the S.C. doesn't have to, which is a de facto affirmation of the Ct. of App. decision.

I can see Scalia and Thomas pushing to hear it in order to find a way to strike it down. It will be an interesting test of the new justices, Sotomayor and Kagan if the Supremes do hear it.

Angie said...

Suzan -- true, on both counts. Luckily Scalia and Thomas can't kill it by themselves, and I think both Sotomayor and Kagan would be likely to see the same points Judge Walker saw.


Steve Malley said...

I was really, really glad to see this. I mean, granted, I live in a country where same-sex marriage and universal health care are old hat, but it's nice to see the States finally getting with the program!

Angie said...

Steve -- we're slowly hauling our decrepit carcass toward the light of civilization. [wry smile] I'm hoping we get there within my lifetime.