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.
Judge Walker was appointed to the federal bench by Ronald Reagan and George H.W. Bush. And the two lawyers who argued for overturning Prop 8 were Republicans. Defense witnesses in the trial could not come up with a single rational reason why banning same-sex marriage made sense. Indeed, some witnesses conceded during cross-examination that children of same-sex couples suffered no more damage from having parents of the same gender as did children of parents of different genders.
This is a great first step, but the Supreme Court (and Justices Kennedy and Scalia) await. One also wonders if opponents of marriage equality will try to seek an injunction on overturning the marriage ban until the Supreme Court weighs in. I think they'll try; I think they'll fail.
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