A three-judge panel from the Ninth Circuit Court ruled 2-1 that Prop. 8 is unconstitutional in violating the rights of gay Californians. Wrote Judge Stephen Reinhardt, “Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.” The decision was based on the 14th Amendment to the Constitution, specifically the equal protection clause. This upholds District Judge Vaughn Walker’s ruling in August.
The asswipes who support this law will almost certainly appeal to the full Ninth Circuit, and if they don’t get the answer they want there, they’ll go to the Supreme Court, where it will all depend on whether Justice Anthony Kennedy has a satisfactory bowel movement the morning it is argued. I am not ready to celebrate yet.
AFTERTHOUGHT: as best I understand it (IANAL), even if the case goes all the way to the Supreme Court and the ruling is affirmed by them, the result is that LGBT people specifically in California will be able to marry… the affirmed right in California does not automatically extend to other states. As I understand it (again, IANAL), this in turn is because LGBTs in California had the right to marry for five months before it was explicitly withdrawn from them by the passage of Prop. 8. The withdrawal of a right is what is being ruled unconstitutional, not the lack of such right in the first place.
Oh, and you can blame Mitt Romney’s magic underwear for all of this trouble in the first place. His tribe funded the Prop. 8 campaign.