LGBT Rights: Proposition 8 Overturned In Favor Of Actually Upholding The Constitution (crazy notion, I know)

Congratulations to everyone who worked on the Prop 8 case, including my very own cousin Lizzie (who I just coincidentally rediscovered on Twitter after years of not being in touch). Today’s ruling against Prop 8 was a victory for the Constitution, the American legal system and the countless sane, rational Californians who were disgusted with the way our state voted on that awful, discriminatory proposition in the first place.

Equal protection and due process are more than just phrases you hear bandied about on Law & Order. They’re very real, very important amendments to the United States Constitution and they guarantee that no one person or group should be treated better than another by the law.

According to Judge Walker’s ruling today, ““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…

Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8. California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same sex couples and has not suffered any demonstrated harm as a result …

Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently … prohibiting the official defendants [state of California] from applying or enforcing Proposition 8…”

Which is basically a long, legalese-laden way to say that Prop 8 was unconstitutional and unfair to begin with, and it’s about damn time it got struck down. Here’s hoping the ruling stands and someday soon we can all look back on that antiquated age when the rights of gay people looking to get married were ever called into question at all.


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