There is one piece of breaking news this afternoon that sent both my Twitter and Facebook feeds into a frenzy: Federal Judge Vaughn Walker has ruled that Proposition 8, the bill that amended the Californian Constitution to prohibit granting marriage licenses to same sex couples, is unconstitutional.
From the ruling:
“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.”
That simple statement is what human rights activists in the US have been waiting to hear for years. It opens up the opportunity to strike down other laws that discriminate against homosexuals, and brings us one step closer to fulfilling our national promise of providing equal rights for all Americans.
Of course, same sex marriage remains controversial across much of the nation, and supporters of Proposition 8 have already filed the initial paperwork to appeal Judge Walker’s decision. The case will inevitably go to the Ninth Circuit Court of Appeals, and if they uphold the decision, given the increasing number of states that have similar legal clauses in their state constitutions one has to believe that this will go all the way to the Supreme Court.
In other words, this story is far from over. But as Michael Jones over on change.org points out, “Don’t let the long road ahead deter you from a victory drink tonight. Judge Walker has just become the first judge in the U.S. to say that marriage bans like Proposition 8 violate the U.S. constitution. And that should be music to everyone’s ears.”
