Appreciating that the battle isn't over, it is still a great victory for the LGBT community - and, really, for equal marriage rights for all. Just terrific news.
Originally posted by Judge Vaughn WalkerProposition 8 [in California] 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.
Its going to be hard for any court even the Supreme Court to overturn this one. This judge did his homework and research on this one. He basically bitched slapped the law using the civil rights acts and the equal protection clause. The judge was also a Regan/Bush I court appointee. Even Arnold seems to agree with it. The amount of evidence in the ruling is pretty massive. If its overturned in appeals, it will be done in the Supreme Court and not in the San Fransico Circuit Court which may not hear it all. It is their right to look at the ruling and say "Its pretty solid and go away." Yet, I do think it will end up in the Supreme Court, but not til after the next Presidency. At this point, if the Supreme Court rules against it, it has more to do with political leanings then Constitutional Law. I am sure Roberts, Sacila and the others will find some loophole and exploit then never use it again, sorta like the Tuck Rule in football.
The ruling is stayed pending more action and possible appeal anyway, so yeah, the game's not over. Still, this is a pretty momentous thing, and after the heartbreak of the initial prop 8 vote, seeing people dancing in the Castro was nice.
Once it's gone through the rest of the court system, the Supreme Court can simply choose not to hear the case. It's not unprecedented. And either way they went on the decision, they would piss a lot of people off.
My view? I don't think anyone can rightfully be expected to control who they fall in love with. And when two people love each other, they deserve to be together.
"Say, the next time you want to win your daughter back, you could just try giving her a pony, the apocalypse doesn’t really cut it!" --The Prince, Prince of Persia (2008)
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