Prop 8 Same-Sex Marriage Ban Ruled ‘Unconstitutional’ -- Because It Is!

all you need is lovePhenomenal news for lovers of equality: California's controversial Proposition 8 has been ruled unconstitutional by the U.S. 9th Circuit Court! I think I'm going to cry right here and now. In 2009, California passed a ballot measure that limited marriage to unions between one man and one woman. But in its ruling today, the appeals court declared that Prop 8 "served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California." Exactly!

Opponents to marriage equality keep saying that gay marriage weakens the institution of marriage. But in the four months that gay marriage was legal in the state of California, some 18,000 couples were married. People believe so strongly in marriage that they're fighting for that right in courts and in the streets. If that's not a testament to the strength of the institution of marriage, I don't know what is.


In 2010 Chief U.S. District Judge Vaughn R. Walker (a lower-court judge) struck down Proposition 8 but was attacked because he failed to disclose that he is gay. That makes as much sense as saying that straight, married people should have to disclose their sexual orientation before ruling on marriage equality. Bias can cut both ways. Today's decision upholds Walker's ruling that Prop 8 is unconstitutional under Due Process and Equal Protection clauses of the U.S. Constitution's 14th Amendment. And there you go -- our U.S. Constitution protects marriage equality. Period.

ProjectMarriage, the group promoting Prop 8, is already vowing to appeal. Of course. But they will not win in the end. Marriage equality is happening. Today's decision clears the way for the U.S. Supreme Court to rule on same-sex marriage -- which could happen next year. As state after state lowers barriers to same-sex marriage, the wave of equality is washing over our entire nation, growing stronger with each decision. This is a great day for America and for human rights.

What do you think about Proposition 8 being ruled unconstitutional?


Image via Alex Bellink/Flickr

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