In a major victory for gay rights advocates, a federal judge on Wednesday struck down a California ban on same-sex marriage.
Chief U.S. District Judge Vaughn Walker’s decision to overturn the voter-approved ban, known as Proposition 8, came in response to a lawsuit brought by two same-sex couples and the city of San Francisco seeking to invalidate the law as an unlawful infringement on the civil rights of gay men and lesbians.
An appeal to the 9th Circuit is on its way, with the Supreme Court sure to follow, if it chooses to take it, which I suspect it will. TPM has a link to the full opinion, with numerous juicy quotes such as this one:
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.
That sure sounds like it could apply to Texas’ double secret illegal anti-gay marriage constitutional amendment from 2005, doesn’t it? Expect the usual suspects to go into full frothing-at-the-mouth outrage over this, with their senses of victimhood and aggrievement in overdrive. I say let them fulminate, for today is a good day for freedom and justice.
UPDATE: Kevin Drum is pessimistic about the ruling’s chances on appeal. The comments are very interesting. I’d love to hear from some appellate attorneys on this.