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Prop 8 is overturned!
MEI, PERSON: PROP 8 WAS OVERTURNED! \o/
MEI, LAW STUDENT: It's not the complete victory people think it is (legally, there is still a LOT of issues). It still is a huge step forward and something people should be excited about, but with reserve.
I am rushed for time but here are some things to consider, condensed to their finest points:
This is one decision by one judge and it doesn't actually change anything yet because the decision can still get overruled before it gets appealed (on various administrative and procedural grounds that have nothing to do with the law); it is likely to get appealed to the Ninth Circuit by the pro-Prop 8 side; and it is likely to eventually get to our (conservative) Supreme Court.
Also, the gay/advocate community is already divided on whether pushing the case through was even a good idea in the first place because if it makes it the the S Ct and Prop 8 gets upheld as legal or is only changed slightly to pass constitutional review (so much more complicated than it sounds, as there are three levels of reviewing a law as constitutional) without actually explicitly allowing same-sex marriage, it will be a HUGE setback on any progress made. California is already one of the most liberal states in the union so the fact that Prop 8 passed with 52% means the rest of the nation is even less accepting: the attention on this case actually propelled many states to pass same-sex marriage bans (with up to 75% or 80% passage rate!) when no such bans had existed before. So unless this case goes to the S Ct and gets us exactly what we want (i.e. explicitly saying that same-sex marriage is a constitutional right, that being gay is actually an immutable characteristic like race, sex, and national origin), it will likely actually just end up enforcing homophobic laws being passed in conservative states. And all the advocacy work will have to start all over again on a state-to-state basis with this new HUGE binding Supreme Ct decision that can be interpreted to implicitly ban same-sex marriage across the board. So it is already a very iffy thing, having this case go forward at all.
BUT
WE SHOULD BE HAPPY AT THE AWESOME JOB THE LAWYERS AGAINST PROP 8 HAVE DONE, BE HAPPY AT THE AWESOME JUDGE WHO WROTE AN AWESOME OPINION (from the bits I've skimmed), AND BE HAPPY THAT THERE ARE PEOPLE OUT THERE WHO BELIEVE IN EQUAL RIGHTS AND MAKING IT HAPPEN. ♥
Caveat: These are just my superficial thoughts coupled with some stuff I know about the law. I don't presume that I even begin to know all the intricacies of this case, despite having discussed it in my Sexuality & the Law class last semester and touching on a lot of the constitutional issues involved in that class as well as in my Individual Rights class. Two years in law school does not make me nearly as informed as an actual lawyer -- and even actual lawyers don't know anything about this case unless they happen to specialize in Fourteenth Amendment (due process, equal rights) cases such as this one; knowing one law does not mean you know all law. Also keep in mind I haven't read the entire opinion yet, just excerpts, but that from what I have read, I think Judge Walker made some strong (and familiar!) arguments against Prop 8 as rooted in the Constitution - that doesn't mean there aren't ways to get around what has been written, of course. Law is like that.
Excerpts of the opinion: http://prop8trialtracker.com/2010/08/04/breaking-prop-8-ruled-unconstitutional/
The full opinion (126 pages): http://www.scribd.com/doc/35374462/Prop-8-Ruling-FINAL
Comments screened because I wouldn't mind hearing thoughts but I'm going on my fun 14-hour solo roadtrip back to NC tomorrow, leaving at 6AM or so, and I need to finish shoving shit into my car. I just don't have the time right now, apologies. These are just some initial thoughts, but overall - do be happy! We have to celebrate our victories, and this is a victory. :D
MEI, LAW STUDENT: It's not the complete victory people think it is (legally, there is still a LOT of issues). It still is a huge step forward and something people should be excited about, but with reserve.
I am rushed for time but here are some things to consider, condensed to their finest points:
This is one decision by one judge and it doesn't actually change anything yet because the decision can still get overruled before it gets appealed (on various administrative and procedural grounds that have nothing to do with the law); it is likely to get appealed to the Ninth Circuit by the pro-Prop 8 side; and it is likely to eventually get to our (conservative) Supreme Court.
Also, the gay/advocate community is already divided on whether pushing the case through was even a good idea in the first place because if it makes it the the S Ct and Prop 8 gets upheld as legal or is only changed slightly to pass constitutional review (so much more complicated than it sounds, as there are three levels of reviewing a law as constitutional) without actually explicitly allowing same-sex marriage, it will be a HUGE setback on any progress made. California is already one of the most liberal states in the union so the fact that Prop 8 passed with 52% means the rest of the nation is even less accepting: the attention on this case actually propelled many states to pass same-sex marriage bans (with up to 75% or 80% passage rate!) when no such bans had existed before. So unless this case goes to the S Ct and gets us exactly what we want (i.e. explicitly saying that same-sex marriage is a constitutional right, that being gay is actually an immutable characteristic like race, sex, and national origin), it will likely actually just end up enforcing homophobic laws being passed in conservative states. And all the advocacy work will have to start all over again on a state-to-state basis with this new HUGE binding Supreme Ct decision that can be interpreted to implicitly ban same-sex marriage across the board. So it is already a very iffy thing, having this case go forward at all.
BUT
WE SHOULD BE HAPPY AT THE AWESOME JOB THE LAWYERS AGAINST PROP 8 HAVE DONE, BE HAPPY AT THE AWESOME JUDGE WHO WROTE AN AWESOME OPINION (from the bits I've skimmed), AND BE HAPPY THAT THERE ARE PEOPLE OUT THERE WHO BELIEVE IN EQUAL RIGHTS AND MAKING IT HAPPEN. ♥
Caveat: These are just my superficial thoughts coupled with some stuff I know about the law. I don't presume that I even begin to know all the intricacies of this case, despite having discussed it in my Sexuality & the Law class last semester and touching on a lot of the constitutional issues involved in that class as well as in my Individual Rights class. Two years in law school does not make me nearly as informed as an actual lawyer -- and even actual lawyers don't know anything about this case unless they happen to specialize in Fourteenth Amendment (due process, equal rights) cases such as this one; knowing one law does not mean you know all law. Also keep in mind I haven't read the entire opinion yet, just excerpts, but that from what I have read, I think Judge Walker made some strong (and familiar!) arguments against Prop 8 as rooted in the Constitution - that doesn't mean there aren't ways to get around what has been written, of course. Law is like that.
Excerpts of the opinion: http://prop8trialtracker.com/2010/08/04/breaking-prop-8-ruled-unconstitutional/
The full opinion (126 pages): http://www.scribd.com/doc/35374462/Prop-8-Ruling-FINAL
Comments screened because I wouldn't mind hearing thoughts but I'm going on my fun 14-hour solo roadtrip back to NC tomorrow, leaving at 6AM or so, and I need to finish shoving shit into my car. I just don't have the time right now, apologies. These are just some initial thoughts, but overall - do be happy! We have to celebrate our victories, and this is a victory. :D