Proposition 8 goes down in flames

San Francisco – The November 2008 election brought about one of the most controversial state propositions in political history, the issue of whether or not gay Americans had the legal right to marry. In a stunning blow to the equal rights movement, Proposition 8 passed and gay marriages were banned in California, an otherwise liberal thinking state. In a carefully watched appellate case, Judge Vaughn Walker, of the Ninth District U.S. District Court in San Francisco, ruled that a same-sex marriage ban was a blatant violation of the United States Constitution. He went on to say that the ban should be immediately struck down.

"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license," wrote Walker in the 136-page decision. He went on to write, "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." For the many, the phrase, “and all men (and women) are created equal in the eyes of the law,” came to mind. Tears poured from the eyes of men and women who had worked so hard to fight the state proposition in 2008, as the announcement was made this afternoon.

While this is cause for celebration for supporters of gay marriage rights, the battle is far from over. Walker did issue a stay on the order, allowing supporters of Proposition 8 to argue why the measure should remain in effect as they pursue an appeal. Legal analysts predict that this case will go all the way to the U.S. Supreme Court. Proponents are already gearing up for the upcoming battle that will most likely end in the United State’s highest court of law. This history making appellate decision came less than two years after the proposition passed to a hail of controversy.

The controversy started when a ballot measure earned enough support to make it into the November 2008 election. The proposition disallowed gay men and women the right to be married under the eyes of the law. Surprisingly, in a state as liberal as California, the measure passed with 52% of the vote. Immediately, the issue grew into firestorm of constitutional issues, becoming a political time bomb that was too delicate to safely handle by politicians hanging on to their electoral seats by a thread. Immediately, the courts were clogged with cases based on a number of issues related to the fundamental and underlying principle behind the proposition, discrimination. In a state that prides itself on diversity, the passing of Proposition 8 became a foretelling sign of dark clouds on liberalism’s horizon. Part of the problem with trying to overturn Proposition 8 was the issue of taking legal issues out of the hands of voters and placing them in the hands of the judiciary process, in effect, sidestepping the democratic process. Facing the courts was the choice of allowing constitutional rights to be infringed upon or, sending a message to voters that their votes could be null and void if the issue at hand was controversial. The judicial system was between a legal rock and a hard spot. Supporters of Proposition 8 were furious over Walker’s decision.

"With a stroke of his pen, Judge Walker has overruled the votes and values of 7 million Californians who voted for marriage as one man and one woman," said Brian Brown, president of the National Organization for Marriage. "This ruling, if allowed to stand, threatens not only Prop 8 in California but the laws in 45 other states that define marriage as one man and one woman." This brings into question just how concrete Propositions are once they’ve been voted into law. Legal experts will be debating this issue for decades to come. While Proposition 8 is a direct violation of constitutional rights, thus being shot down in the appellate court, today’s ruling opens the door to a plethora of issues regarding future ballot measures and their outcome after the ballots are counted. How will today’s decision affect the future of measures deemed controversial?

Those supporting the rights of gay men and women to legally marry, know the road ahead will be paved with a seemingly endless series of legal potholes. However, civil rights supporters and gay activists remain positive. In the words of Jeffrey Kerr, executive director for Equality California, "We are thrilled with today's ruling." He went on to say, "Judge Walker has preserved our democracy by ruling that a majority cannot deny a minority group of fundamental freedoms."

Lawyers opposing the rights of gay men and women to be legally married argued that voters supported a "fundamental, definitional feature" of traditional marriage "in this country and, almost without exception, in every civilized society that has ever existed." The legal representatives of those against same-sex marriage carefully skirted the use of the term “God” in their arguments. For many Proposition 8 supporters, it was a question of religious beliefs, with God being the supreme judge, constitutional rights be damned. The shadowy heart of Proposition 8 was morality, looming like a Machiavellian character in the legal machinations. Homosexuality, being considered a sin by the majority of conservative churches, weighed in heavily on the minds of those in favor of banning same-sex marriages. Walker had this to say regarding the moral aspects of his decision:

"Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians. The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples.”

While the court struck down the same-sex marriage ban, the controversy is far from over. The verdict will now be appealed to the Ninth Circuit Court of Appeals and will likely reach the U.S. Supreme Court quickly. With today’s ruling, anti-homosexual sentiment is on the rise within far right political groups.

Unfortunately, there seems to be a divide in this country when it comes to personal freedoms. The constitutional freedoms that are taken for granted have come under attack by people who believe that certain lifestyles are morally wrong. There’s a reason that church and state are supposed to be separated. It was a separation performed early in this country’s history. Unfortunately, it seems someone forgot to completely separate the umbilical cord. The issue of same sex marriages is like a ball of hopelessly tangled yarn. Just when it looks like the yarn is almost untangled; another giant knot comes out of nowhere. However, like a ball of yarn, the end will eventually come.