Dr. Blackwell's BLOG

Wednesday, August 4, 2010

Proposition 8 OVERTURNED!

Filed under: GLBT Social Issues and Civil Rights — Dr. Christopher Blackwell @ 18:05

Olson_boies Federal Judge Vaughn Walker (appointed by President George H.W. Bush) has OVERTURNED California’s discriminatory ban on same-sex marriage. Walker’s decision is exquisitely authored and is EXACTLY what was hoped for by the 2 lead Attorneys who worked together to represent the gay plaintiffs in the case (David Boies, a liberal Democratic attorney and Theodore Olson, a conservative Republican attorney both of whom actually squared-off against each other at the United States Supreme Court during the Bush vs. Gore Trial). As Judge Walker indicated: “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.”  California Governor Arnold Schwarzenegger whole-heartedly agreed with the Judge’s ruling, stating:  “Judge Walker had the great responsibility of deciding whether Proposition 8 violates the Constitution of the United States. He heard in-depth arguments from both sides on fundamental questions of due process, equal protection and freedom from discrimination. There are strong feelings on both sides of this issue, and I am glad that all viewpoints were respected throughout the proceedings. We should also recognize that there will continue to be different points of view in the wake of this decision.  For the hundreds of thousands of Californians in gay and lesbian households who are managing their day-to-day lives, this decision affirms the full legal protections and safeguards I believe everyone deserves. At the same time, it provides an opportunity for all Californians to consider our history of leading the way to the future, and our growing reputation of treating all people and their relationships with equal respect and dignity.  Today’s decision is by no means California’s first milestone, nor our last, on America’s road to equality and freedom for all people.” While the case is certainly headed to the United State Supreme Court within the next few years, GLBT Americans are at least one step closer to the equality we have fought so very hard for!

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