Prop. 8 OVERTURNED

In what is probably the most important judicial ruling in the history of LGBT-rights in America, Judge Vaughn R. Walker of the US District Court for the Northern District of California has declared amdendments to California’s constitution defining marriage as between one man and one woman unconstitutional under both the Equal Protection and Due Process clauses. The final two paragraphs of the ruling:

Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8. California is able to issue 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,see FF 64-66; moreover, California officials have chosen not to defend Proposition 8 in these proceedings.

Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8. The clerk is DIRECTED to enter judgment without bond in favor of plaintiffs and plaintiff-intervenors and against defendants and defendant-intervenors pursuant to FRCP 58.

IT IS SO ORDERED.

This sets a precedent that could hasten the overturning of anti-gay amendments in some twenty states.

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Constitutionality of Prop. 8 to be decided tomorrow

The verdict for Perry v. Schwarzenegger, the challange to California’s ballot-initiative driven amendment to their state constitution mandating the recognition of only those marriages involving one man and one woman, will be announced by Judge  Vaughn R. Walker of the US District Court for the Northern District of California.

I would say “Cross your fingers,” but that wouldn’t do any good, and would in fact encourage pernicious patterns of thought. One of the steps towards salvation prescribed by Spinoza is the distinguishing between those things under our control and those things outside it, and this verdict is outside of it. So we should not worry over it, even if it comes back in favor of the amendment. If that should be the case, our cares should be about what next step is to be taken, either to take the case to the Supreme Court, or to overturn it at the ballot. This verdict may be outside our control, but our reaction to it is within it; should it come back against the amendment, we can allow ourselves to rejoice; and if for it, we can work and strive to undo its legacy through other organs. This is a fight our (my) generation will win, but only with time.

What 1.5 million people look like

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FYI

The scripture Barak Obama paraphrased (badly) paraphrased while being sworn in as the 44th president of these United States appears to have been 1 Corinthians 13:11:

When I was a child, I spoke like a child, I thought like a child, I reasoned like a child; when I became an adult, I put an end to childish ways.

Three…

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Four days and counting

I think about throwing out that pitch at the World Series on [Oct. 30 2001, a month and a half after 9/11]. My heart was racing when I got to the mound. Didn’t want to bounce it. Didn’t want to let the fans down. My heart was pumping so hard, I wasn’t sure if I could lift my arm. I never felt that anxious any other time during my presidency, curiously enough.

George W. Bush, 2009, People magazine

Five days and counting