There IS Justice in California After All – Prop 8 Ruled UNCONSTITUTIONAL!

On Aug 4^th 2010, California’s controversial Proposition 8 was ruled unconstitutional by U.S. District Court judge Vaughn Walker. Everyone who had been fighting against Proposition 8 since it was passed on November 4^th 2008 rejoiced. It was a day of reckoning for all who support gay marriage, gay rights, as victory was handed back to them again… well-deservingly.

Gay rights including gay marriage, is a right that can’t be voted on. If rights had to be voted on, then we wouldn’t have civil rights, women’s rights, pay equality, the whole nine yards. Governments are elected not to become the cheerleaders of the majority but to protect ALL of their citizens. As former PM Jean Chretien said when Canada was the 1st country in the Americas to allow gay marriage in 2005 (technically Canada, through Ontario province, was the 1st country in the world to allow gay marriage when it passed in Jan 2001 in Toronto!), “The role of the Government is to protect the minority against the will of the majority.”

Another thing about the debate of same-sex marriage is the separation of church and state. The proponents of Proposition 8 keep bringing up religion as the fundamental factor for discriminating against LGBT and gay marriage. Have they forgotten about the U.S. Constitution? That there’s a separation of church and state?? Are they implying that they want the U.S. to become a religion state? Hmm..that reminds me of…get ready for this…The Islamic Republic of Iran… or The Islamic Republic of Pakistan… or The Islamic Republic of Afghanistan… all of which are in a state of human rights disgrace as a result of the “R” word – RELIGION! Do these American religious crackpots want the country to become a religious state? If so, then I hope the supporters of a secular state strike them down hard so they won’t be able to even think of questioning and fighting to make America the United Christian States of America! God forbid! No pun intended.

So, while country after country regardless of religion (c’mon, Catholic countries like Spain, Portugal, Argentina?!), EVEN a developing country like South Africa, is moving toward societal progress in terms of giving equal rights to LGBT, the U.S. on the other hand, who is supposedly THE model democratic country and leader, is still stuck in the mud of backward, religious fundamentalism that continues to fuel hatred, bigotry and fear!

So, Judge Walker’s duly made ruling in striking down the horrendously discriminatory and bigoted Proposition 8 is a big welcome celebration, not only to Californians but to the rest of the U.S. and the world! California has always been seen as the bedrock of liberalism and open-mindedness in the eyes of the outside world – largely due to the influence of Hollywood. But when Proposition 8 was passed almost 2 years ago, everyone in the world was shocked – shocked that the land of Hollywood which was always seen as championing (or so it seemed!) human rights, progressive thinking and equality, could actually voted for this piece of crap! Then everyone saw the hypocrisy and the schizophrenic nature of Hollywood and its so-called big influence. If Hollywood had wanted to help to destroy this piece of hateful legislation, it could have very easily done so. C’mon, the amount of $$ that the industry has is enough to buy up the entire country for that matter.

But it’s all water under the bridge for everyone who’s been fighting Proposition 8, I guess. Hopefully, the appeal from the Proposition 8 proponents, the religious fundamentalists, will NOT prevail but that this ruling will force the country to face up to this inevitable human right once and for all – all the way to the U.S. Supreme Court…

I’m holding out hope for the U.S. as the next country to allow gay marriage. Until then, BRAVO, CONGRATS to ALL Californians and Americans who’ve been fighting for gay rights and against Proposition 8! This victory is only the beginning. There’s a long way ahead so plough on, supporters of civil rights and gay rights in America!

This victory, in my opinion, is largely credited to 2 legal eagles whom we can easily sum up as the most unlikely partners in bringing this case to the U.S. District Court – former U.S. Solicitor General Theodore B. Olson and David Boies – 2 attorneys who argued on opposite sides of the Bush vs. Gore election case in 2000! A project of the American Foundation for Equal Rights, both gentlemen united to file a lawsuit on behalf of two same-sex couples who were denied marriage licences because of Proposition 8 in the U.S. District Court in California. Olson and Boies are from either side of the political aisle. But kudos to them in presenting clearly right from the get-go that fighting Proposition 8 was neither a conservative nor liberal issue. It was and will always be a civil right issue. And American value issue. In my opinion, these 2 attorneys are the true heroes of the gay rights struggle.

Meanwhile, for those of you who may not have seen MSNBC’s Keith Olbermann’s impassioned Special Comment that he made right after California passed Proposition 8 at the same time as the U.S. elected Barack Obama as the President on November 4^th 2008, Olbermann appropriately re-aired it on the night when Judge Walker tossed out Proposition 8 on August 4^th 2010. Here is the classic, memorable and unforgettable video clip:

Also, if you haven’t read Judge Walker’s final and full ruling, you simply must. The 136-page ruling is a novel-like page-turner! I guarantee you that you will not regret reading it! Judge Walker truly knocked one out of the ballpark with his clear, concise and articulate points in his ruling. You can download here

— written by Netizen, for Chatteringmind