By now I expect you’ve already heard the big news that federal district Judge Vaughn Walker today ruled California’s Prop 8 unconstitutional:
“Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.”
Yippee, and all that, but of course the fight for marriage equality doesn’t end there. The ruling is already being appealed to the federal Ninth Circuit Court of Appeals, which is, you know, our circuit… which raises the question: if the Ninth Circuit upholds Judge Walker’s ruling that Prop 8 is unconstitutional, wouldn’t that make WA’s Defense Of Marriage Act unconstitutional too? And considering the absolutely compelling logic in Judge Walker’s decision, why didn’t WA’s marriage equality proponents file suit in federal court too?
I’m sure there’s a good reason, but I just thought I’d ask.