Permissible Arms

California, Here We Come

Posted in united states by Karaka on 4 August 2010

Cross-posted at Attackerman: Not exactly national security, but pretty darned important nonetheless: Judge Vaughn Walker overturns Calif. gay marriage ban.

A federal judge overturned California’s same-sex marriage ban Wednesday in a landmark case that could eventually land before the U.S. Supreme Court to decide if gays have a constitutional right to marry in America.

Chief U.S. District Judge Vaughn Walker made his ruling in a lawsuit filed by two gay couples who claimed the voter-approved ban violated their civil rights.

Supporters argued the ban was necessary to safeguard the traditional understanding of marriage and to encourage responsible childbearing.

California voters passed the ban as Proposition 8 in November 2008, five months after the state Supreme Court legalized gay marriage.

“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,” the judge wrote in a 136-page ruling that laid out in precise detail why the ban does not pass constitutional muster.

That sure made hump day a whole lot less sucky. The Big Picture also has some very moving photojournalism up on gay marriage. It’s cool if we disagree on this subject, but it’s nice not to be discriminated against in one more state.


3 Responses

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  1. Eric C said, on 4 August 2010 at 14:35

    I’m upset we couldn’t do at the ballot box, but I guess that’s a different issue.

    • Karaka said, on 4 August 2010 at 14:36

      Agreed, but although the stakes are higher in the courts the effect is much greater. If this ends up going to the Supreme Court it could flatten opposition from the top down, and that would be magnificent.

      • Eric C said, on 4 August 2010 at 16:31

        Or it could have the rather unfortunate opposite effect. Fingers crossed they support it, but I don’t trust ’em.

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