Judge Overturns Prop 8; Rules Gay Marriage Ban Unconstitutional

The Constitution of the United States of America guarantees to all citizens the right to “Life, liberty and the pursuit of happiness.” Today, California Circuit Court Judge Vaughn Walker declared that California’s Proposition 8, banning same-sex marriages, interferes with and prohibits “the pursuit of happiness” for a segment of Americans by denying them the right to marry.

In his 136-page ruling, Judge Walker stated:

“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.”

Before the decision had even been issued by the Court, supporters of Proposition 8, particularly the Mormon Church who financed the campaign, making it the most expensive ballot measure in history, said they would appeal and take the fight to the Supreme Court. That is a fight that the gay community has anticipated and eager to wage.

You cannot deny equal rights to one segment of society because you have personal, moral or religious opposition to those people. We have been down this road before as a nation when dealing with other minorities, and we still allow a small representation of intolerant bullies to wage their moral battles.

This should be a concern for all Americans. If we allow one part of our citizenry to be labeled as “equal but separate,” where does it end? When the Mormon Church, or any organized religion, decides they have a problem with you, will someone be there to speak on your behalf and to fight for your rights? I hope so.

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Steve is co-founder and managing editor of Veracity Stew. Steve relies on his wicked sense of humor and wide circle of friends to get him through very long days of stirring the Stew pot. You can read more about Steve on our "About" page easily located from the top menu on any page.

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