Gay marriage ruling sets stage for likely Supreme Court battle.
In a landmark ruling, Chief U.S. District Judge Vaughn Walker has overturned California’s Prop. 8, which outlawed gay marriage in the state.
“Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians,” Walker wrote. “The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples.”
The case is the first federal challenge to a state ban on same-sex marriage and will likely end up before the Supreme Court, setting the stage for a decision (we’re predicting a 5-4 vote, with Justice Anthony Kennedy coming down on the side of equal marriage rights) that could dramatically change the face of marriage in America.
The “federal strategy” is a risky one for gay marriage proponents, but high-powered lawyers Ted Olson and David Boies (unlikely bedfellows who argued against each other in Bush v. Gore) apparently believe they can convince Kennedy to grant gays and lesbians the right to marry.
Let’s hope so. Here’s the ruling.
Re: Craig This law will not affect the rights of religions to deny marriages within their churches/synagogues/temples. That means any man who feels the beliefs and doctrine of religions shouldn’t change over time (which is a bit naive, but that’s another conversation) can support a religion that does not conduct homosexual marriages. And the American democratic society at large – which is based on the ideal of personal freedoms to pursue happiness – becomes a bit more genuine to the concept of liberty (even if the moralistic values of the founders would have been tested by this ruling – and… Read more »
I think that the marriage law challenge is an issue of religious freedom. Since marriage is a societal and religious practice, it is complicated. By changing the definition of marriage I cannot support the law because I believe it is defined as between a man and a women. California and many states have laws that guarantee equality for all people with civil union laws. So my opinion is that this is a step toward religious intolerance by the secular minded judges, like in Massachusetts and does not represent the majority or citizens views on marriage. I think this judge lead… Read more »
Well said Rob! It’s about time we move closer extending equality to our gay/ lesbian brothers and sisters! America is trailing behind the times on this one…other countries already have marriage equality, yet we’re supposedly the “land of the free,” yet still don’t give gay and lesbian people certain freedoms, like marriage. Equality of LGBT folk shouldn’t even be an issue today, it should be a given!
Thanks for the news update–you got this up before the San Francisco Chronicle! But I disagree that it will “dramatically change the face of marriage in America.” That was a scare tactic of the religious right and it is false. It will simply allow everyone to marry the person of their choosing, not just straight people. It forbids the government from treating a gay person differently than a straight person. If that is the dramatic change you mean, then it was a long time coming.