Gay Marriage Legal In California — Judge Strikes Down Prop 8

Break out the rainbow confetti!

A California judge has struck down Proposition 8 has being unconstitutional.

However this is just one more step on the way to the final decision of the Supreme Court.

Today District Judge Vaughn Walker ruled that Proposition 8, which banned gay marriage is unconstitutional. His ruling reads:

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.

The order has been stayed until Friday, to give backers of the law time to file appeals and a stay. If that were to go through no marriages would be allowed in California until a decision is made on the appeal.

So it is not a complete resumption of common-sense in the State, but it is a significant victory on the way to the Supreme Court’s final, and inevitable, decision.