Wednesday, August 04, 2010

A great day for liberty and the rule of law

A federal judge has found California's Proposition 8, which outlawed gay marriage, to be unconstitutional.
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.
I followed this case pretty closely and Judge Walker's decision is a solid decision and a great victory for civil rights in America.  The anti-gay marriage defendants weren't able to show ANY rational basis for denying gays equal protection of the law.  That's not because of an "activist judge" or a poor defense team or anything else.  It's because they can't make their case. 

THERE IS NO RATIONAL BASIS FOR DISCRIMINATING AGAINST GAYS.

There's still a long fight to go, but this was a good day.

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