BIG victory for marriage equality: California's Proposition 8 struck down in federal court

Now this is a cause for celebration. From the other Advocate:

In a highly anticipated decision with potentially far-reaching implications in the national battle over gay marriage, a federal judge has struck down California's Proposition 8.

U.S. district judge Vaughn R. Walker struck down the ballot measure as unconstitutional under both equal protection and due process clauses in a 136-page opinion, nearly seven months after an unprecedented trial over gay marriage began in his San Francisco courtroom.

Walker, an appointee of Republican President George H.W. Bush, also ordered the State of California and its municipalities not to enforce Proposition 8:

Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8.

Assuming Walker denies a motion by the defense to stay his decision, today's ruling effectively means that marriage equality has returned to California. Walker did stay his decision for at least forty eight hours while he considers arguments from both sides before he rules on the motion for a longer stay. So gay and lesbian couples can't go and obtain a marriage license just yet.

Additionally, if Walker's decision is upheld on appeal, it could result in marriage equality becoming the law in other states. If Proposition 8 is unconstitutional, then so is the provision in Oregon's Constitution barring marriage equality, for instance. (Washington has no constitutional provision barring marriage equality, only the "Defense of Marriage Act", which is a statute, and subject to repeal by a majority of the Legislature, or an initiative from the people).

Governor Arnold Schwarzenegger and Attorney General Jerry Brown each issued statements praising the decision. They had previously declined to defend Proposition 8 in court — a fact that did not escape the notice of Judge Walker.

It's plainly apparent that Walker did his homework before he wrote this ruling, which solidly affirms that there is no legitimate argument against marriage equality.

Here's an excerpt:

The evidence at trial shows that marriage in the United States traditionally has not been open to same-sex couples. The evidence suggests many reasons for this tradition of exclusion, including gender roles mandated through coverture, FF 26-27, social disapproval of same-sex relationships, and the reality that the vast majority of people are heterosexual and have had no reason to challenge the restriction,

The evidence shows that the movement of marriage away from a gendered institution and toward an institution free from state-mandated gender roles reflects an evolution in the understanding of gender rather than a change in marriage. The evidence did not show any historical purpose for excluding same-sex couples from marriage, as states have never required spouses to have an ability or willingness to procreate in order to marry.

Rather, the exclusion exists as an artifact of a time when the genders were seen as having distinct roles in society and in marriage. That time has passed.

He concludes:

Plaintiffs do not seek recognition of a new right. To characterize plaintiffs’ objective as “the right to same-sex marriage” would suggest that plaintiffs seek something different from what opposite-sex couples across the state enjoy —— namely, marriage. Rather, plaintiffs ask California to recognize their relationships for what they are: marriages.

That is exactly correct. That is why we at NPI talk about marriage equality, and not "gay marriage" or "same sex marriage".

This is without a doubt a very soundly reasoned and eloquently written decision. It stands as a landmark victory over bigotry and unfairness. We join with civil rights activists across the country in celebrating this triumph of uncommon sense.

POSTSCRIPT: We're posting reaction to the decision over on In Brief. Use this link to view everything tagged with Victory over Proposition 8.