I must live in one of the queer-friendliest bubbles in the world, since fully 75% of the most recent Facebook status updates, email-blasts, and general blah-blah in my world is swirling around the absofuckinglutely brilliant judgment out of California, overturning the hateful Proposition 8, which attempted to limit marriage to straight couples.
Chief U.S. District Judge Vaughn Walker is the man of the hour, laying it out in no uncertain terms that the ban on SSM violates Constitutional rights to due process and equal protection under the law, while failing “to advance any rational basis in singling out gay men and lesbians for denial of a marriage license.”
Prop 8 assholes will be mounting an appeal, of course, but frankly, it isn’t looking good for them. This HuffPo article noted that two high-profile California pols, the Governator and AG Jerry Brown, who previously douched out and supported the measure, refused to speak on its behalf during the most recent hearings. And check out this Gallup Poll from May of this year.
History and logic and no-foolin’ right-ness is on our side. Cheers to Judge Walker, the couples who brought the challenge, and all my queer peeps, married, wanna-be married, and don’t-wanna-be-married. Equality NOW!
Read more, and see some great photos at CNN.
Apparently San Francisco is issuing new marriage licenses RIGHT NOW.
This particular ruling is important as an equal rights measure, but it’s especially important because it affirms that one group of Americans—in this case, the hateful, ignorant ones—cannot simply vote away the civil rights of their fellow citizens.
It’s definitely great news, but they won’t be issuing marriage licenses for bit:
“Walker has temporarily stayed his order until Friday, giving Prop. 8 backers time to file appeals and seek a long-term stay. The decision would appear to delay any resumption of gay marriage in the state. Officials in L.A. County and West Hollywood said they were studying the ruling before deciding whether to begin issuing same-sex marriage licenses again.”
Oh, bummer. I had heard differently from a friend in SF.
OK, the race begins; now we must see it through to the finish.
Looking at the eventual Supreme Court breakdown. Thomas, Scalia, Alito, Roberts against, Breyer, Ginsburg, Kagan, Sotamayor for. Comes down to Kennedy as the close cases always do. He’s been surprisingly progressive on some cases–he wrote the opinion overruling Bowers v. Hardwick. I can’t imagine a justice wanting to go down in history as supporting such bigotry.
Yay and bummer – all in the same breath..
I wish my federal government representatives would be sensible enough to get rid of the marriage act (especially the bit that defines marriage as between a man and a woman), and just go for the civil unions thing for couples..
how do you harpies feel about poll crashing ala skepchick? There’s one at Fox right now re: prop 8. Wouldn’t it be great if the results came out pro overturning?
Give us the link, rodriguez!
A snippet from the decision that really grabbed me: The evidence shows that the movement of marriage … toward an institution free from state-mandated gender roles reflects an evolution in the understanding of gender rather than a change in marriage.
http://www.foxnews.com/opinion/2010/08/04/decide-gay-marriage-judge-ruling-proposition-decision/
yay the “unconstitutional” percent has been growing since I’ve been checking, 41% now, 3x% around 7
I particularly like how Fox says “this is not a scientific poll” right below it. Yeah, Fox. We already know that…because it’s on your site.
As happy as I am about this decision, this bears repeating: DO NOT venture into MS media comment sections. Between the horrific grammar, lack of typing skills and myopic views of the world…well, it’s enough to curl up in a ball and deny their existence.
That said, this will ultimately end up at the Supreme Court and will hopefully be the Roe vs. Wade/Brown vs. Board of Education of our generation.
Between this and Michael Bloomberg’s impassioned speech in defense of the mosque/community center near the WTC site, my faith in government has been restored just a little bit.
the against the constitution vote is now higher than the rest at 48.5%.. the marriage defn one is at 44.6%.. (admittedly I have been voting – even though it is not scientific
All my law geeks out there: Will the Supreme Court grant cert?
I say yes, I just can’t imagine they wouldn’t want to weigh in. My friend (also an attorney and a gay man) is more doubtful. Thoughts?
eta: obvs this would be following the appeal to the 9th C.
[...] defenders are understandably terrified in the wake of Judge Vaughn Walker’s decision to overturn California’s Proposition 8. Ross Douthat cloaks his bigotry in a transparent sheet of [...]