Back in 2008, Prop 8 was created, banning same-sex marriage. This major slap on the face was to tell 2 gay men or 2 lesbian women who loved each other that they have absolutely NO rights. Today, Prop 8 has been overturned - a Federal judge has called it UNCONSTITUTIONAL!
"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license," wrote U.S. District Court Judge Vaughn Walker in a 136-page decision. "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."
Walker issued a stay on the order overturning Prop 8 to allow supporters of the measure to argue why it should remain in effect while pursuing an appeal. The case is expected to reach the U.S. Supreme Court.
The controversial ballot measure was launched in response to a state supreme court decision allowing gays and lesbians to wed. The ballot measure passed with 52 percent of the vote in November 2008.
"With a stroke of his pen, Judge Walker has overruled the votes and values of 7 million Californians who voted for marriage as one man and one woman," said Brian Brown, president of the National Organization for Marriage, in a statement. "This ruling, if allowed to stand, threatens not only Prop 8 in California but the laws in 45 other states that define marriage as one man and one woman." Link
This is progress for Gay Americans but the war is not over! The basic fundamental right to marriage, regardless of sexual orientation, will need to be brought to the US Supreme Court!
Conservatives are already in attack mode calling Judge Vaughn Walker who is publicly gay - an activist judge. Because he is gay, he cannot rule without bias. Pfffft! Pathetic! That argument can also be made against straight judges concerning Prop 8 or Judges who are Christians. It is a ridiculous claim. It can also be equated to black judges are bias to rule on civil rights issues and female judges are bias to rule on violence against women cases. Conservatives apparently can only see straight white judges are the objective ones.
Our history have shown that without strong activist judges who abides by the Constitution (and not the Bible), we would still be living in the Dark Ages. Our courts and this country had ruled against the popular vote of the people concerning race, segregation and civil rights. This is called progress where civil rights for all Americans must be protected. This judge (whether gay or straight) stood up for the Constitution.
The National Organization for Marriage (NOM) can go change their name to Natural Organic Matter! The shoe fits!