Judge Walker: Hero

So Prop 8 is dead, at least for a while. Of course there will be appeals. Doubtless there will be all sorts of rumblings in Congress. Many words will be written. I just want to highlight two things.

Firstly the State of California defended the case because it was legally obliged to do so. Now that the case has been lost, California will not appeal. According to the San Francisco Chronicle, The Gubernator described the court’s decision as, “an important step toward equality and freedom for all people.” Arnie also declined to appear in court to defend Prop 8.

And secondly, Judge Vaughn is a star. I have been skimming through the text of his ruling, and it is full of utter gems. Here’s one:

The evidence did not show any historical purpose for excluding same-sex couples from marriage, as states have never required spouses to have an ability or willingness to procreate in order to marry. Rather, the exclusion exists as an artifact of a time when the genders were seen as having distinct roles in society and in marriage. That time has passed.

The ruling is a splendid (and delightfully clear) demolition of just about everything the pro-8 camp has done and said, including chastising them for using insulting stereotypes of gay people in their pubic campaign, and then abandoning all of those arguments when they got to court because they knew they would not stand scrutiny. I’m very impressed.

3 thoughts on “Judge Walker: Hero

  1. including chastising them for using insulting stereotypes of gay people in their pubic campaign

    I think I like that.

  2. I’ve been reading/skimming the decision. I remember reading the Iowa Supreme Court decision that legalized same-sex marriage in that state and some of the things they wrote made me want to freaking cheer.

    BTW, despite being a defendant (since they were the ones having to be sued), the State of California (e.g., the Governator and his A.G.) did not defend the Prop 8. Prop 8’s proponents intervened to defend it. I followed the trial and I must say, although much of what hey said was insulting…there were amusing parts as well, like their witnesses saying things that supported the plaintiff’s case. 😉

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