Prop 8 decision today: marriage equality FTW!

  No same-sex weddings yet, but the party's just getting started
                     photo: Getty Images/Michael Loccisano

It was the best of days, it was the worst of days.  The waiting was the worst, and the victory better than any of us hoped.

U.S. District Court Judge Vaughn Walker has ruled California's Proposition 8 unconstitutional on both Equal Protection and Due Process grounds. 

The decision will be appealed immediately and a request for a stay on same-sex weddings has been filed by the proponents of Prop 8; that will have to be ruled upon before marriage equality can resume, so more news as it happens.

Prop 8 supporters have vowed to appeal the ruling to the Ninth Circuit Court; it is unclear whether the court will choose to issue an expedited ruling or if more time will be required before they make a decision.

Walker's decision is 138 pages long so news outlets and legal analysts will be working through it over the next couple days, but you can read it in its entirety here in the meantime.

Some choice excerpts:

"CONCLUSION
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."

"...Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8. The clerk is DIRECTED to enter judgment without bond in favor  of plaintiffs and plaintiff-intervenors and against defendants anddefendant-intervenors pursuant to FRCP 58."

And my favorite:

"The evidence shows that the movement of marriage away from a gendered institution and toward an
institution free from state-mandated gender roles reflects an evolution in the understanding of gender rather than a change in marriage. The evidence did not show any historical purpose for excluding same-sex couples from marriage, as states have never required spouses to have an ability or willingness to procreate in order to marry. FF 21. Rather, the exclusion exists as an artifact of a time when the genders were seen as having distinct roles in society and in marriage. That time has passed."

That time has passed.  Thank you, Judge Walker.  Because you were not afraid to speak the truth, much has been set right today.  We thank you for the new beginning.

Though there's still much to be done and very likely many years of litigation ahead, this validation of equality and justice under the law is far-reaching.  This is a great day for California and for the U.S. Constitution! 

If you'd like to receive updates as this case winds its way through the system you can subscribe to this column; in the meantime, I wish all those now (re-)granted this beloved and basic human right much joy, and a sweet and long life you all! 

P.S. (Olson and Boies, FTW!! ALL THE WAY TO SCOTUS, BABY!)

National Wedding and Marriage Examiner Elizabeth Oakes welcomes your feedback at weddingexaminer@gmail.com; please share this story or subscribe by clicking on the Tweet This! button at the top of this column or the "Share This!" button below, or read more of Elizabeth's stories by clicking here.

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• Day of Decision FAQ: where from here etc.
• Prop8 Trial Tracker live-blog of the developments
• AFER pres conference live!