Marriage Equality Returns To California

A couple of years ago it was legal in California for gays and lesbians to marry their life partners. But that changed with the passage of Proposition 8 in the 2008 general election. This vile proposition made same-sex marriage illegal in the state. Proponents of same-sex marriage took the proposition to court and it went all the way up to the State Supreme Court, but those justices on that court were not brave (or smart) enough to uphold the California Constitution and overturn Proposition 8.

Fortunately, a federal court judge was not afraid to uphold the United States Constitution. Yesterday, U.S. District Court Chief Judge Vaughn Walker (pictured) overturned Proposition 8, saying it violated both the Due Process and Equal Protection clauses of the Constitution. Here are the judge's words:

"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."

The proponents of Proposition 8 asked the judge to issue a stay of his finding pending their appeal of the decision, but the judge refused. That means that Proposition 8 is officially overturned and is no longer in effect. Same-sex marriage is once again legal in the state of California -- at least for now.

There is little doubt that the religious fundamentalists will appeal Judge Walker's decision to the U.S. 9th Circuit Court of Appeals, and then probably to the United States Supreme Court. But at least for now, a measure of equality has been returned to the state.

The proponents of Proposition 8 have claimed that allowing same-sex marriage will hurt (or even destroy) the institution of marriage. But they have been unable to tell anyone just how the institution of marriage will be harmed. That's because it wouldn't be harmed in any way. It would have no effect at all on the marriages of heterosexual couples.

This is nothing more than religious fundamentalists trying to force their own religious views on everyone else. They have the right to those religious views, and if they don't believe in same-sex marriage, they also have the right to not engage in it. What they don't have the right to do is force their religious views on their fellow citizens and create a special class of people who don't have rights equal to everyone else.

I applaud Judge Walker's wise and correct decision, and I hope it will be upheld in the higher courts.