A Bush appointed judge disappoints conservatives by applying the law. Gays and lesbians can marry, at least for now. I’m very confused as to why this is a big deal in our country.
From the Ruling:
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.
From the LA Times:
A federal judge declared California’s ban on same-sex marriage unconstitutional Wednesday, saying that no legitimate state interest justified treating gay and lesbian couples differently from others and that “moral disapproval” was not enough to save the voter-passed Proposition 8.
California “has no interest in differentiating between same-sex and opposite-sex unions,” U.S. District Chief Judge Vaughn R. Walker said in his 136-page ruling.
The ruling was the first in the country to strike down a marriage ban on federal constitutional grounds. Previous cases have cited state constitutions.
Lawyers on both sides expect the ruling to be appealed and ultimately reach the U.S. Supreme Court during the next few years.
It is unclear whether California will conduct any same-sex weddings during that time. Walker stayed his ruling at least until Friday, when he will hold another hearing.
In striking down Proposition 8, Walker said the ban violated the federal constitutional guarantees of equal protection and of due process.
