Prop 8 shot down, back on track for Marriage Equality

We are back on the fast track to marriage equality in California! In a 2-1 decision, the Ninth Circuit Court of Appeals has ruled Prop 8 unconstitutional.

The energy was high as we waited outside the courthouse for the ruling, and cheers exploded when the good news came.

Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples. The Constitution simply does not allow for “laws” of this sort.

The key argument that made this decision happen was California’s constitutional and statutory laws guarantee equality for same-sex couples and families, and Prop 8 took that away. This also means the federal court ruling applies only to California.

The majority opinion by Judge Stephen Reinhardt and Judge Michael Hawkins states:

March after the ruling to City Hall

“Although the constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently…”

“It stripped same-sex couples of the ability the previously possessed from the State, or any other authorized party, an important right- the right to obtain and use the designation ‘marriage’ to describe their relationships.”

“All that Proposition 8 accomplished was to take away from the same-sex couples the right to be granted marriage licenses…”

However don’t send your tux or wedding dress to the cleaners just yet, the stay on same-sex marriage is still and place, and as the opposition has promised to appeal to the Supreme Court, it could still be another year before we hear wedding bells again.

To read the whole ruling, click here.

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