GAY MARRIAGE BAN OVERTURNED

In the West Hollywood section of Los Angeles, the Castro District in San Francisco, and Greenwich Village in New York, men and women of all races, ages, creeds and colors literally waved rainbow flags and danced in the streets. Yesterday, a federal judge overturned California’s controversial Proposition 8 ban on same-sex marriage, setting up a likely domino effect across America.

Proponents for Proposition 8, which included heavy backing by the Mormon church and other religious and conservative groups, argued that same-sex marriage damages traditional marriage as an institution. They also pressed the idea that because marriage was essentially created to foster reproduction (which same-sex unions could not do), it must remain an act between one man and one woman, since it is fundamental to the existence and survival of the human race.

But Chief U.S. District Judge Vaughn Walker ruled in favor of a lawsuit filed by two gay couples who charged that the voter-approved ban on gay marriages violated their civil rights.  Judge Walker ordered that the ban be lifted because it is unconstitutional and explained that no group has the authority to overturn the constitution via the ballot box.  Therefore, voting against a constitutional right simply because it doesn’t fit someones preference can not be allowed.  “Proposition 8 cannot survive any level of scrutiny under the Equal Protection Clause,” wrote Judge Walker in his ruling. “Excluding same-sex couples from marriage is simply not rationally related to a legitimate state interest.”   

“This is a victory for the American people. It’s a victory for our justice system,” said former U.S. Solicitor General Theodore Olson, a staunch conservative who believes in equality and delivered closing arguments of the trial on behalf of the gay couple. He said the ruling “vindicates the rights of a minority of our citizens to be treated with decency and respect and equality in our system.”

Judge Walker’s ruling is only the first step in a battle that will surely drag on for many years to come, and almost assuredly end up before the U.S. Supreme Court.  So no one should expect same-sex marriage to resume immediately.  Judge Walker must first decide if his order should be suspended while those against same-sex marriage pursue an appeal to his ruling.  But gay marriages in California could possibly resume as early as next year, and have a ripple effect that would effectively allow same-sex marriage in all 50 states.

`