In a victory for advocates of gay marriage, a U.S. District Court this week overturned California’s ban on gay marriage on the basis that it violated the constititional protections of due process and equal protection. Though Proposition 8 was enacted through a direct popular vote, Judge Vaughn Walker ruled that ”The evidence shows conclusively that moral and religious views form the only basis for a belief that same-sex couples are different from opposite-sex couples” and that ”Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of marriage licenses.” Judge Walker reasoned that the gay marriage ban denied one group of people a fundamental right that another group of people enjoyed and this was tantamount to violating equal protection under the 14th Amendment.
(As a side note, while reaction to the ruling has been for the most part along party lines, it’s interesting that Judge Walker was appointed by the first President Bush and that one of the two lawyers representing the Plaintiffs was Ted Olson, who famously represented the second President Bush in Bush v. Gore.)
Supporters of Proposition 8 have already appealed and asked Judge Walker to stay the ruling. The matter will now go to the 9th Circuit Court of Appeals. Even if a stay is denied, the fact that the decision is appealed would put the ruling on hold. So for now, the ban is still in effect. Since Judge Walker’s ruling is the first by a Federal court on voter-approved bans on gay marriage, this is very possibly heading to the Supreme Court, which means the ban could be in effect until the Supreme Court issues a ruling. If the Supreme Court sides with Judge Walker, the gay marriage bans that exist in 45 states would be overturned on constitutional grounds and would have the de facto effect of legalizing gay marriage.
Though this issue is far from over and Judge Walker may very well be overruled by the 9th Circuit and/or the Supreme Court, it is clear that both sides are gearing up for a long legal battle. What is equally as clear is that in light of this ruling, another ruling last month that the Defense of Marriage Act was unconstitutional, and that most young people are in favor of gay marriage, it seems that gay marriage is inevitable in this country. The only question is when and whether it will be acheived through the legislature or the courts.
Posted by Anish on August 6, 2010 at 4:14pm.
