Federal Judge Vaughn Walker ruled today that California’s Proposition 8 is unconstitutional.   I did not see this one coming, mainly because I stopped following this a couple of weeks ago–that is my overall irresponsibility!  Although I am relieved by the ruling, it’s pretty obvious that this decision will be appealed up to the Supreme Court.  The Paper of Record has a nice analysis of why Judge Walker is a legal hero (it involves logic and facts):

“And to that end, Judge Walker’s 136-page opinion lays a rich factual record, with extensive quotation of expert testimony from the lengthy trial. The 2008 initiative campaign to ban same-sex marriages was suffused, the judge said, with moral comparisons of these unions and heterosexual marriage, with the clear implication that “denial of marriage to same-sex couples protects children” and that “the ideal child-rearing environment” requires marriage between a man and a woman.

“Judge Walker wrote, however, that the Supreme Court has stated that government cannot enforce moral or religious beliefs without an accompanying secular purpose. The judge suggested that the defendants shifted their arguments for the courtroom, with a focus on “statistically optimal” child-rearing households and by arguing that they were abiding by the will of California voters.

“California’s law, he wrote, demanded discrimination on the basis of sex and sexual orientation. “Proposition 8 places the force of law behind stigmas against gays and lesbians,” he wrote, including the notion that “gays and lesbians are not as good as heterosexuals” and “gay and lesbian relationships do not deserve the full recognition of society.”

But alas, the Supreme Court is a great mystery because logic and facts cloud prejudgements (corporations are people now!). But even if the Supreme Court somehow overturns today’s ruling, I do feel the writing is on the wall for those who believe the institution of marriage is somehow better when it is based on discrimination.  Most people in my doomed generation (Millenials, the Dudes who Say ‘Sup, Ne0-Hobos–whichever you prefer) do support marriage equality.  Maybe we’re revolutionaries, but it make sense that marriage should be based on love.  Also stable, loving households–we need more of those–those make marriage look better.  When closeted people marry their  beards–that’s a marriage based on a lie–we need less of those.

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