Proposition 8, the law that bans same-sex marriage in California, has been ruled unconstitutional by the United States Court of Appeals for the Ninth Circuit.
The announcement, made just before 10am PT today, is another nail in the coffin of marriage inequality in the US. The fight for LGBT equality is still far from over, however. According to Andrew Gumbel in The Guardian (UK), the ruling “will not put an end to the argument about the rights of same-sex couples in the United States, but it will be a vital stepping stone toward the inevitable final showdown in the Supreme Court in Washington.”
Speaking as neither a resident nor a citizen of the US, I find it bizarre that a nation that makes so much of its commitment to freedom of expression should have such a problem granting so many of its citizens the right to make one of the most beautiful human expressions of all. Here’s to more victories in a battle whose final outcome I think we all, despite the pains and frustrations of the wait, can predict.
We’re a few days behind, but better late than never in wishing long-time Ex-Gay Watch friend and ally Wayne Besen, of Truth Wins Out, the very best with his new husband, Jamie Brundage. The happy couple married in Burlington, Vermont, on December 8.
Congratulations!
New Yorkers Celebrate Marriage Equality - Voice of America
In a major victory for gay rights, the New York Sate Senate voted 33 to 29 to approve same-sex marriage in the state, becoming the sixth state to do so. The debate lasted for days and followed a previous attempt in 2009 which fell through at the last moment. Governor Cuomo, who had promised to pass this legislation during his election campaign, signed the bill before midnight. Same-sex marriages can begin in 30 days.
The deciding vote was cast by Republican Stephen Saland who had voted no last time. He credits this change to a “change of heart” and a desire “to do the right thing.” Bravo, Mr. Saland. Anti-gay forces will most certainly be brought to bare in order to defeat his re-election.
It was certainly a wonderful surprise to wake up to this news rather than the gut punch of Prop 8. And we understand that New York has no residency requirement, so they should expect a great boost in tourism dollars in the months and years to come as gay couples travel to the Empire State to tie the knot and experience the wonders of that great city.
We at XGW would like to send congratulations and our appreciation to those who worked tirelessly against some truly vile opposition to make this happen. Well done!
Read more at the Voice of America.
The US government has announced that it is no longer prepared to defend the Defense of Marriage Act in court.
The act enshrined in US federal law the definition of marriage as exclusively between a man and a woman. DOMA has been one of the chief weapons of anti-marriage-equality campaigners.
Associated Press says the policy reversal “could have major implications for the rights and benefits of gay couples and reignite an emotional debate for the 2012 presidential campaign.”
Tip of the hat to Box Turtle Bulletin.
In Perry v. Schwarzenegger, U.S. District Chief Judge Vaughn R. Walker has found that Proposition 8 violated the federal constitutional rights of gays and lesbians to marry the partners of their choice. While this is undoubtedly the first step in successive legal battles over this issue, the unlikely team of Ted Olsen and David Boies is proving to be a formidable foe of those who wish to deny marriage equality.
Readers can get a copy of the final ruling here, but the main thrust of it comes in the remedy section:
Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8. California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same-sex couples and has not suffered any demonstrated harm as a result,see FF 64-66; moreover, California officials have chosen not to defend Proposition 8 in these proceedings.
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 and defendant-intervenors pursuant to FRCP 58.
There is sure to be more analysis as people get a chance to digest the details. Feel free to note your feelings and opinions here in the mean time.
Congratulations!
Hat Tip: GoodAsYou
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