Thursday August 5th, 2010, was a victory day for the LGBT community. California’s Prop 8 ruling was deemed unconstitutional in a landmark decision by Justice Vaughn R. Walker of the California Federal Court. The Rachel Maddow Show sums it up very well on MSNBC.
Judge Walker’s conclusion states, “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.” You can view the very interesting 138 page ruling on Scribd.
This decision will move to an appellate court but no doubt become a major victor for LGBT rights in America. It should have difficulty in the appellate court since this decision focused greatly on fact and not interpretation of the law. Once this moves to the US Supreme Court, it will no doubt be a major case in changing equal protections and rights of LGBT people and their families. As a newly appointed father, my partner and I have been anticipating equal rights for our family for many years.
For more articles see:
- Slate – A Brilliant Ruling
- Huffington Post – Prop 8 OVERTURNED: Gay Marriage Ban Struck Down In California
- NPR – U.S. Judge Overturns Prop. 8 In Gay Rights Victory