So here is the latest!
Proposition 8 (the ban on gay marriage) was struck down last week by U.S. District Court Judge Vaughn R. Walker after he declared it was unconstitutional.
Here is an excerpt of the Judge's ruling:
"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."
He later notes that "Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses
Which was awesome to hear.
There was a temporary stay on his decision until the proponents (supporters of Prop 8) and plaintiffs turned in their arguments last week for why there should/should not be a longer stay. A longer stay that would have remained in effect until AFTER the proponents had a ruling from the 9th circuit Court of Appeals. Which would mean years of no same-sex marriage.
So on the morning of the due date for arguments, both "State Attorney General Jerry Brown and Governor Arnold Schwarzenegger just filed papers asking Judge Walker to immediately enforce his decision declaring Proposition 8 unconstitutional and to allow equal marriages to resume in California right away," (Prop 8 trial tracker).
Mind you, it's Jerry Brown's duty to uphold and defend the law in the state but he refused to defend prop 8. Which is why the supporters and founders of Prop 8 became the proponents of the case.
Today (8/12/10) A.G. Jerry Brown tweeted: JerryBrown2010 Hoping Judge Walker will allow same-sex couples in CA to marry while the Prop 8 case appeal is pending. We should find out before noon.
And boy did he get his wish. So did every other supporter of equal marriage. The Judge denied a permanent stay on his decision. However, same-sex marriages cannot start until August 18th.
According to the San Francisco Chronicle "The problem, it would seem, is that an appeal can be filed during that gap in time before same sex marriages can commence. Why that gap exists is a mystery, other than that Judge Walker's giving opponents time to file an appeal. So, this thing's not out of the woods. Stay tuned."
Stay tuned indeed. Everyone, please keep your fingers crossed.. Naru and I want to upgrade our domestic partnership to an official marriage certificate this year and plan for a grand-ol wedding in the beginning of next year.
Thank you to everyone who has been supporting us so far. Let's keep our heads up and march on until we've seen this whole thing through.
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