"Although Proposition 8 fails to possess even a rational basis, the evidence presented at trial shows that gays and lesbians are the type of minority strict scrutiny was designed to protect," Walker ruled.
Woot!!The judgment was the first offered by a federal court with respect to laws banning gay marriage at the state level and it promises to have massive reverberations across the political and judicial landscape. The decision is expected to now head to the Ninth Circuit Appeals Court (also based in San Francisco) for appeal and from there to the Supreme Court.
Woo HOO!
It does not appear that Walker allowed for an immediate hold on his decision, which means that the defense must seek one from a higher court. Until then, gay couples could be legally allowed to marry in the state of California.
Take that you silly Mormons! I wish you were getting out of San Diego, but since I see you are doing construction work on that hideous thing off of I-5, maybe you won't have as much money to fight what has been proven to be unlawful in California. AGAIN.
And it looks like it just might still be ok if it goes to the Supreme Court:
But gay rights activists may have been too pessimistic about the current Supreme Court. It's true that the Roberts Court is conservative and that several Justices are unlikely to be open-minded about same-sex marriage, including the four most right-leaning Justices: Antonin Scalia, John Roberts, Clarence Thomas, and Samuel Alito. On the other side of the bench, there are four Justices likely to be favorable to Olson and Boies's argument that the denial of marriage rights to same-sex couples violates the Constitution: Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan (assuming she is confirmed).
As usual in the Supreme Court these days, the swing vote belongs to Anthony Kennedy. And there are several reasons to believe that Kennedy, though conservative on many issues, will vote with the liberals on this one. The Supreme Court has issued two major decisions dealing with gay rights over the past 15 years.
Both decisions came out strongly in favor of gay rights -- and both were written by Justice Kennedy.
