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04 August 2010
On 11 November 2008, I wrote on the passage of Proposition 8 in California. On this date, 4 August 2010, twenty-one months later, I am writing about the death of Proposition 8.
U.S. District Judge Vaughn Walker ruled Proposition 8 unconstitutional. When I first heard the news, I was listening to Tchaikovsky’s 1st Piano Concerto, performed by Harvey Lavan "Van" Cliburn Jr. How appropriate on so many different levels.
My first reaction was, of course, relief that a major road block to civil rights was overturned and recognized for what it was: unconstitutional. As I began thinking about it though, I soon realized that there is probably a long appeals process ahead. I know that before the ruling was handed down, opposing counsel filed an order to stay the ruling until the 9th Circuit has had a go at it. Well, it’s a good start anyway and I’ll post an update when I hear more about the stay.
The Conclusion and part of the Remedy 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.
California is able to issue marriage licenses to same-sex
couples, as it has already issued 18,000 marriage licenses to samesex
couples and has not suffered any demonstrated harm as a result,
see FF 64-66; moreover, California officials have chosen not to
defend Proposition 8 in these proceedings.
If that doesn’t sound like history, I don’t know what does. Due Process and Equal Protection rights under the 14th Amendment are alive and well again.
Ted Olson and David Boies, the lawyers who brought the case in front of the court are guests on tonight’s Rachel Maddow.
What a victory for the US Constitution.
Having read this, I can hardly believe that I’m about to hit the publish button since it looks like utter crap… I haven’t been sleeping lately and this subject truly deserves a far, far better treatment that I here am providing. Apologies.
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