...to celebrate the fact the California Supreme Court just ruled Proposition 8, the referendum banning same-sex marriage, unconstitutional!
According to the New York Times, the judge wrote in his decision, “Proposition 8 cannot withstand any level of scrutiny under the Equal Protection Clause. Excluding same-sex couples from marriage is simply not rationally related to a legitimate state interest.”
Of course those of us who support gay marriage knew this all along. But it's heartening to see the law agree.
Unfortunately, this decision does not immediately allow gays and lesbians in California to marry. Apparently the judge has issued an injunction pending the expected appeal by the losing side. However, the decision is critically important because it clearly identifies same-sex marriage as a constitutional issue. It will become increasingly difficult for opponents of same-sex unions to make argument based on "tradition" or "common understanding" or even "dangers to society".
Nearly two years ago I contributed my F/F story "Making Memory" to the charitable anthology I Do. Proceeds from that volume benefited the Lambda Legal Fund, one of the organizations backing the Prop 8 challenge. I'm proud to think that I might have had even a little influence on this glad decision.
The fight is not over. Both side expect this decision to reach the U.S. Supreme Court. The stakes are higher than ever. If you want to do your part for this cause, you might consider buying a copy of I Do yourself. (It's a really good book, by the way, especially if you're a fan of M/M romance!)