California Declares Gay Marriage Ban Unconstitutional

Amen to that, though appeals are sure to follow. But in the mean time, chaulk another win up in the pro-rights, pro-equality, pro-American values column.

In his opinion, the judge wrote the following:

"It appears that no rational purpose exists for limiting marriage in this state to opposite-sex partners,'' Kramer wrote.

The judge wrote that the state's historical definition of marriage, by itself, cannot justify the denial of equal protection for gays and lesbians.

"The state's protracted denial of equal protection cannot be justified simply because such constitutional violation has become traditional,'' Kramer wrote. [emphasis mine]

That's right. A tradition of discrimination (of any kind) is not made constitutional simply because it has been a tradition. If that were the case, women wouldn't have the vote, and african americans wouldn't have freedom. The judge sees this issue for what it is, a question of equal rights under the law.

And lest any right wingers who might read this happen to be confused by my "pro-American values" comment above, I mean all those values that promote personal freedom (including freedom from hate and discrimination, as in this case), equal rights, and the glorious American tradition of being able to live in whatever way you want, as long as it doesn't infringe on the rights of your neighbor.

This isn't over yet by a longshot, however. Some California legislators are working to put an anti-gay marriage amendment on the ballot in November. If it passes, the courts are of no help. So if you are reading this in California, get up and work against writing discrimination into your state constitution. California is too cool to have that happen to it.

We're going to win this one in the end. Just remember, as California goes, goes the nation.