Proposition 8 overturned!

Proposition 8, which banned gay marriages in California, was struck down today as unconstitutional by U.S. District Judge Vaughn R. Walker.  Judge Walker ruled that gays and lesbians have a constitutional right to marry.  He also held that "Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8."  (Opn., pg. 136.)  The court ordered the entry of judgment permanently enjoining enforcement of Proposition 8.

Judge Walker concluded as follows:

"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."

(Opn., pg. 135.)

The lawyers who represent the proponents of Proposition 8 have already filed a motion to stay Judge Walker's ruling pending an appeal to the 9th Circuit Court of Appeals.  This appeal is the beginning of the road to the United States Supreme Court.  But for now . . . it's time to celebrate!