The Ninth Circuit Court of Appeals has, in a 2–1 ruling, struck down California’s bigoted Proposition 8 (via). Hence, unless a stay is issued, same–sex couples will be able to marry in
the 9th circuit’s jurisdiction California again. Personally, I expect a stay to be issued and the appeals process to continue, hence I don’t think same–sex couples will be allowed to marry.
In the decision is granted the proponents of Prop 8 standing to defend, and it rejected the claim that the trial judge, Vaughn Walker, should have disqualified himself because he is gay. The striking down was the correct decision. And in reaction to the ruling, I expect the wingnut and homophobe types to freak out.
From the decision:
“Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California.”
Update: The actual ruling is an extremely narrow, California–specific ruling, and I have therefore corrected that error. Also, the Daily Dish has a mini–roundup of reactions.
United States Federal Judge Vaughn Walker has struck down California’s Proposition 8, restoring marriage equality to California. It is the correct decision and currently stayed, although it will undoubtedly be appealed.
Be on the alert for wingnut and homobigot freakouts, as they obsess over how people they don’t even know, have nothing to do with, never interact with, and that they aren’t remotely affected by, now have more of the rights everyone else has.
It wasn’t what I wanted, but the ruling went as pretty much everyone expected. Considering the circumstances, I suppose it is the best possible outcome. Proposition 8 is legal, but the marriages performed beforehand are allowed to stand.
Courtesy of Shakesville (thanks), the city of San Francisco and the government of Santa Clara County have just filed another challenge against Proposition 8 in the California Supreme Court (that link might not work correctly). I hope that same-sex couples are eventually allowed the same rights as different-sex couples.
Same-sex marriage does not threaten different-sex marriage. Here in Canada, same-sex marriage has been legal for several years now. My parents were married in the 1970s and are still married now. The legalization of same-sex marriage has not made them any less married, and neither will it do that to you. Allowing it to go here comes the bride, here comes the other bride, is not going to make it illegal for it to go here comes the bride, here comes the groom, nor will it allow here comes the bride, here comes the second bride, here comes the groom. You are not going to be forced to perform weddings against your religion. Following the Golden Rule (if you’re a Christian) would mean we should ban different-sex marriage, but somehow I feel that that isn’t gonna fly. The existence of divorce in no way infringes on the religious freedom of Roman Catholics, and the existence of same-sex marriage will in no way infringe on your religious freedom.