Prop 8 is dead: one gay man's hope

His decision is, for lack of a better word, brilliant. I’ve read the pertinent parts of the decision he made, and the phrasing and the arguments posed by the plaintiffs are simply amazing. In his findings, he equated the idea of discrimination based on orientation to the idea of discrimination based on gender. He found that marriage is a fundamental right. Most importantly, he found that the constitutional amendment we all know as Proposition 8 is at odds with the US Constitution, specifically the 14th Amendment. He found that it is a violation of due process.


This fact alone gives me hope. Not for the rights I stand to gain – those are great, but they’re not the most important thing anymore. If this ruling stands, and this unjust amendment in California falls, then one of the most insidious ways to bypass due process falls as well. Voter referendum defeated the voices of the Californian government, and allowed prejudiced people working under mob rule (direct democracy) to overturn the protections afforded to us by our own Federal government. If Prop. 8 falls, we all win the security of knowing that our liberty will continue. That’s not a gay thing – that’s a universal thing.


I am proud of America today. Our countrymen may feel that gay marriage is wrong – just as it felt that interracial marriage was wrong back when it was legalized in a similar manner – but someone somewhere feels that there’s something more powerful and meaningful than a simple vote by an ever-changing public. I hope that this ruling stands. I hope that when this case reaches the Supreme Court, that when the final appeal is made, that I can still say that I am proud of America. For today, though, I smile. That bill that laughed in my face is the same bill that’s about to be cut out of the constitution.

Finally.

For once, we’ve made some headway in this battle. The rights we have been denied are numerous. When gay marriage became legal in California, we rejoiced. When Proposition 8 passed, we groaned. It’s been back and forth. Florida’s been touched in the same way, with a constitutional amendment glaring us in the face, taunting us and mooning us. “Look at me, I’m a constitutional guarantee that you’ll never have the rights you deserve, all because of the voting public!” Then it proceeds to laugh in our faces, flaunting its supposed moral superiority.

Sure, we’ve given them a little bit of hell on the way down. I gave a hearty laugh when someone suggested outlawing divorce as it “undermines the sanctity of marriage.” The outcry against Prop. 8 was enormous, but nothing seemed to happen.

Then, Judge Walker stepped in.

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