Wednesday, August 4, 2010

Prop. 8 declared unconstitutional by US District Chief Judge

From the Los Angeles Times:

U.S. District Chief Judge Vaughn R. Walker said Proposition 8, passed by voters in November 2008, violated the federal constitutional rights of gays and lesbians to marry the partners of their choice. His ruling is expected to be appealed to the U.S. 9th Circuit Court of Appeals and then up to the U.S. Supreme Court.


Ultimately, the judge concluded that 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 Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.”

For details fiends, Scribd has the entire decision.

What does this mean? That there will be more court battles: U.S. 9th Circuit Court of Appeals then the U.S. Supreme Court.

I'd always thought that the federal rights dam would start cracking in 2011. I thought the first thing would be repeal of DADT, then DOMA, then some kind of domestic partnership law around 2013, with full marriage rights coming later. Now, honestly, I don't know. In some ways it seems to be happening more slowly than I'd anticipated, in others, well, you know that saying: change happens a little bit at a time and then all at once? I wonder if we're about to see a tsunami of change in 2011.

That would make me very happy.

Today, I'm going to be optimistic. (If you're not feeling optimistic, go rain on someone else'd parade.) There's plenty of time to get all practical and serious and realistic later. Today, I'm thinking Big Party With Lots of Champagne and a Boatload of Presents. Chortle. This time, though, no white dress. (Can you spell Armani suit?)

Life is good.

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