The Donkey Is Sleeping Today

BREAKING: Judge Rules Gay Marriages Can Continue In California

In Civil Liberties, Equal Protection, Inequality, Politics on August 12, 2010 at 2:33 pm

Judge Vaughn Walker has lifted a stay on his original ruling that Proposition 8 was unconstitutional under the Due Process and Equal Protection clauses.  Although this stay will allow same sex marriages to continue in the state of California, it does not go into effect until August 18, 2010 at 5 PM PST, presumably to give the forces of evil the supporters of Prop 8 time to appeal the stay to the Ninth Circuit Court.

The immediate impact of this ruling is that love trumps hate, but more practically, if you are a same-sex couple who was considering marriage in California, then get thee to a chapel on August 18 and beyond.  The more couples who enforce their constitutional right to marry, the harder it will be to undo and to deny gay couples equal treatment under the law.

Here is a link to the Judge’s order.

And it bears repeating one more time that both Governor Schwarzenegger and Attorney General Jerry Brown refused to defend this odious law in court.  The Democratic nominee for Attorney General, Kamala Harris, has also stated that she will not defend the law if elected this fall.  While on the other side of the aisle, Meg Whitman supports Proposition 8, defending her position to the Los Angeles Times as a “matter of personal conscience and my faith.” I’m so glad E-Meg’s personal morality can be foisted on the rest of us. And Republican Attorney General nominee, Steve Cooley, has publicly stated that the Attorney General should defend it. Here’s a quote from his interview with the San Diego News Room:

California’s Supreme Court ruled that [Prop 8] was constitutional, and since they ruled it is constitutional and there are no clear and obvious unconstitutional aspects to it, the AG should defend it as a matter of his or her oath of office. You can’t pick and choose; the public voted it in, it’s the majority. It’s been ruled as constitutional so it should be defended and the state should be involved in that litigation along with the real parties and interests.

Simply put, elections matter, which is why we need to elect Jerry Brown and Kamala Harris as our Governor and Attorney General, respectively.  And to those who say that judges shouldn’t practice “judicial activism”, here is Ted Olson, noted conservative and lead attorney challenging Prop 8’s constitutionality, laying out in no uncertain terms why these judicial decisions are crucial to our democracy.


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