"Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians,"
The judge, Vaughn Walker, who has now been threatened, ruled Tuesday that the worthless bastards who created and pushed California's Prop 8. did so unconstitutionally. From his over 100 page ruling:
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.
In the absence of a rational basis, what remains of proponents' case is an inference, amply supported by evidence in the record, that Proposition 8 was premised on the belief that same-sex couples simply are not as good as opposite-sex couples. FF 78-80. Whether that belief is based on moral disapproval of homosexuality, animus towards gays and lesbians or simply a belief that a relationship between a man and a woman is inherently better than a relationship between two men or two women, this belief is not a proper basis on which to legislate.
The arguments surrounding Proposition 8 raise a question similar to that addressed in Lawrence, when the Court asked whether a majority of citizens could use the power of the state to enforce "profound and deep convictions accepted as ethical and moral principles" through the criminal code. ... The question here is whether California voters can enforce those same principles through regulation of marriage licenses. They cannot. California's obligation is to treat its citizens equally, not to "mandate [its] own moral code."
It was a joyous moment here at my house when the ruling was released. The real only beautiful thing in an otherwise shitty day. But it was wonderful and made me dance a gentle happy dance, even with my screwed up, fucked up back killing me so bad I was doped up to my brown eyes all day...hell, even now.
I called a friend Karen, who wasn't home, to tell her of the joyous event..I left a rambling, dumb-assed message about it on her answering machine. I hope she doesn't think I was drunk..I was just on pain pills dear woman.