“Moral disapproval alone is an improper basis on which to deny rights to gay men & lesbians.”

The above quote was taken from the ruling handed down by Judge Vaughn R. Walker in the Perry v. Schwarzenegger case, in which two same-sex couples sued the Republic of California, challenging the constitutionality of Proposition 8.

The ruling found that the proposition is unconstitutional, striking down the contention that relegating an entire group of people to second-class citizenship is perfectly okay.

Needless to say, this makes me very happy. One might even say it makes me…gay.

Yes, the Prop. 8 bigots will file an appeal. Had the decision gone the other way, opponents of Prop. 8 would’ve done the same thing. Last night the lawyers for Prop. 8 filed a motion for a stay on the ruling, which Judge Walker has granted for an indefinite period (though one lucky couple managed to sneak in their marriage before the stay was issued). But inevitably the tide will continue turning, washing the detritus of hate and bigotry out to sea. It’s only a matter of time.

Equality will win out.

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. — Judge Vaughn R. Walker — August 4, 2010


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