Proposition 8 overturned

In a major victory for gay rights and basic fairness, a San Francisco federal judge just struck down Proposition 8, the hotly contested California gay-marriage ban passed in November 2008. In his decision, Judge Vaughn R. Walker ruled that Prop 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 Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional."

As we reported this morning, this ruling doesn't necessarily make gay marriage in California a sure thing; conservative groups are sure to appeal the decision, and many steps forward are accompanied by steps back. But this is hugely gratifying for anyone whose joy over the racial implications of Barack Obama's election was undercut by gloom when sexual freedom took a hit the same day. (As a side note, click here to read our editorial from that week, which predicted Prop 8 would eventually be overturned.)

Commentarium (6 Comments)

Aug 04 10 - 7:06pm
Jim

yay!

Aug 04 10 - 10:57pm
Me

Still a stay on the decision, though, so gay marriage is still illegal in California.

Aug 05 10 - 7:17am
Dry

I'm against prop 8, but the majority of californians DID vote in favour of it, only to have some judge overturn the decision.

Dunno, but that feels un-democratic.
Hell, un-constitutional.

Aug 05 10 - 9:51am
Me

What's unconstitutional is the majority stripping the rights of the minority. If I got a majority of Californians to say that blacks, Latinos, Asians, etc. can't get married, it would still be unconstitutional. We can't strip away people's rights based on a religious belief with no secular evidence to back up its claims.

Aug 05 10 - 12:13pm
thinkywritey

Thanks, Me. Was going to say exactly that thing. "Democracy" ≠ "Mob Rule"

Aug 05 10 - 3:57pm
smc

we're a CONSTITUTIONAL democracy. the constitution is the highest law of the land and it guarantees us with certain unalienable rights. its plain and simple, people's rights shouldn't even be up for a vote in the fist place.