Proposition 8 is a violation of due process and equal protection. Judge Vaughn Walker has made that abundantly clear.
But what is the immediate result of this ruling? Judge Walker concluded his Order by stating that "California is able to issues marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same-sex couples and has not suffered any demonstrated harm as a result." And, I just checked. My sister's heterosexual marriage has not been destroyed either.
That said, it is highly unlikely that any same-sex marriages will be conducted tomorrow. As posted here earlier, Proposition 8 supporters have alread filed a pre-emptive motion to stay Judge Walker's order pending their appeal to the Ninth Circuit Court of Appeals.
This should not dampen our elation. This decision is momentous and a giant step forward toward legal recognition of our equal rights.
ari ezra waldman, from towleroad
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