"Yesterday’s anticipation has turned into today’s joy," wrote the most excellent political blogger Marcy Wheeler when she got the news. "The court, in a historic opinion and verdict, has declared California’s Proposition 8 to be unconstitutional."
"Fundamental rights may not be submitted to a vote; they depend on the outcome of no elections." Chief US District Judge Vaughn WalkerRead Wheeler's terrific analysis here. Excerpt:
Today is one of those rare seminal days where something important and something good has occurred. Fantastic. The beauty and joy of equality, due process and equal protection under the Constitution of the United States of America.
The opinion is, again as predicted, extremely well written, consummately detailed, brilliantly structured and contains a foundation of extremely well supported findings of fact and conclusions of law. In short, Vaughn Walker has crafted as fine a foundational opinion as could possibly be hoped for, and one that is designed with the intent to withstand appellate scrutiny not just in the 9th Circuit, but in the Supreme Court as well.
Obviously this is but a step in the process because there will be appeals, and the case will, without question, go to the Supreme Court. But, that said, you could not ask for a better platform and posture for a case on this issue to go to the Supremes on. It is all that and more [...]
Gov. Schwarzenegger issued a statement saying, "For the hundreds of thousands of Californians in gay and lesbian households who are managing their day-to-day lives, this decision affirms the full legal protections and safeguards I believe everyone deserves."
Yay, Governator! Yay, California! And a big, giant, standing ovation for the beauty and joy of equality, due process and equal protection under the Constitution of the United States of America.