California's Prop 8 Repealed!

On November 4th, 2008, I saw some cool things, and I heard some news that made me sad, that my home state of California had passed a proposition that was to ban same-sex marriage. I wasn't totally devastated, though, and not just because I wasn't gay or living in California, but because to me it seemed that the exact nature of such a law, to ban people from getting married, was patently unconstitutional. Not shocked that it passed, I was excited for the time when such a ban would struck down as, surprise surprise, unconstitutional.

Proposition 8, as it's known in California, was one of those moments in American history when the conservative squares put up a fight about something they firmly believed in, and something that is frankly against that which the the foundation of America is firmly built: respect for, and consideration of, minority views and opinions.

You know you've got a tough journey against something as strong as the tide of history changing (Argentina and Mexico City are ahead of us on this) when even Dick Cheney is against you. Yes, folks, even Dick Cheney supports same-sex marriage.

To paraphrase syndicated columnist Dan Savage: civil rights related issues shouldn't be left up to popular vote.

Here's a quote from the decision, a 136 page rebuke written by federal Judge Vaughn Walker: "Although Proposition 8 fails to possess even a rational basis, the evidence presented at trial shows that gays and lesbians are the type of minority strict scrutiny was designed to protect."

Same-sex marriage opponents are going to appeal, and this case might make it to the Supreme Court, which might not be a bad thing. Not letting two folks--consenting adults--be recognized as a legal union because they have the same anatomy is always destined to fail in a country like ours.

Here's one of many links about the topic.

Last month in Massachusetts the Defense of Marriage Act (DOMA) (the main tenet being that marriage is strictly between a man and a woman) was struck down by a federal judge as being unconstitutional.