Special News: Proposition 8 - District Court Challenge Successful.

[silveradept]

U.S. District Chief Judge Vaughn R. Walker submits his application to the Halls of History by overturning California's Proposition 8 on the Fourteenth Amendment grounds that it was challenged on. Regardless of this outcome, the Ninth Circuit Court of Appeals will likely hear the case, and regardless of that outcome, the writ of certiorari to the Supreme Court of the United States will be accepted. So why make mention of this now when there are at least two more series of arguments to be held on the matter before it will be declared resolved?

Well, first, because it sets the judicial precedent in favor of the challengers for this point and makes it harder for Proposition 8 supporters to get a later overturn. It sets in motion a chain of events that could end up rendering the federal Defense of Marriage Act unconstitutional or at least severely vulnerable to challenge if the overturning of Prop 8 is upheld.

Second, well, it's nice to see a judge rule in favor of doing the right thing even when the majority is in favor of doing the wrong thing. Most changes in a progressive direction like this are not done by popular vote - the majority will almost always be conservative. I'm happy that people in California, assuming there isn't a stay issued on the order pending the appeal (EDIT: There was a stay, so the following doesn't apply yet], will be able to marry the person they choose and reap the benefits of marriage, instead of having a contract denied to them just because they're not the right kind of people. This happened once already, and it was struck down. I'm surprised we haven't learned anything from it in the decades that we've had successful marriages between two people of different skin colors, or religions, but perhaps this particular lesson is a little harder to learn.

Congratulations, California. Now the appeals begin.

Comments

[epporsimuove]

I'm happy that people in California, assuming there isn't a stay issued on the order pending the appeal, will be able to marry the person they choose and reap the benefits of marriage, instead of having a contract denied to them just because they're not the right kind of people.

The judge did stay marriage between same-sex couples until the appeals process has been figured out. That having been said, I am still doing my happy dance.

From All Things Considered on NPR:

BLOCK: All right. In the meantime, is it now legal for same-sex couples in California to get married?

BATES: Not at the moment because before today, the couples who were -who supported Prop. 8 and felt that - there was this window earlier this - in 2008, where basically you were able to get married for a little while and then you couldn't anymore. They didn't want that to happen again. I think they probably don't want gay marriage to happen at all, but they want it to happen in a rational progressive - progression if they can.

So, basically, what they did was ask that the judge, if he decided that Prop.8 would be struck down, to stay any decision to allow marriages to begin until the appeal process could be decided one way of the other. And that, indeed, we just found out, is what he's decided to do. He will stay. So for the moment, it doesn't change anything.

[silveradept]

Thanks for bringing that to my attention. I expected as much, but at the time, I didn't know that the stay was happening. Edited to add.