Judge Walker ruled that California’s Proposition 8 violates the Federal Constitution and therefore cannot be an enforceable part of the California Constitution (I’m not clear if it gets excised from the Cal Constitution or if it just ends up on parentheses like the stuff about slaves in the Federal Constitution).  He also issued a temporary stay of that ruling to allow the litigants to ask for a longer-term stay while his ruling is appealed.  At some point he has to decide about that longer-term stay.

I think he should lift the stay, thereby allowing his decision to be enforced, thereby allowing same-sex couples to get married in California.  There are two reason why:

1.  He’s right.  His ruling is sound.  Prop 8 does violate the Federal Constitution.  If Prop 8 violates the Federal Constitution, why should we have to wait for it to cease to have any force?  Justice delayed (particularly once justice has been figured out) is justice denied.

2.  We already have three classes of people in California.  There are heterosexual people (and bisexual people) can enter into a marriage with an opposite sex partner; there are gay and lesbian people (and bisexual people) who cannot enter into a marriage with a same sex partner; and there are gay and lesbian people (and bisexual people) who are already in same sex marriages but can’t divorce and get married to a same sex partner.  In the unlikely event that Judge Walker’s ruling is overturned somewhere down the line, allowing his ruling to stand would only increase the size of the third group.  In other words, allowing his ruling to stand during the appeals process does not change the status quo, regardless of how any appeals are decided.

I pray Judge Walker will end the stay on the enforcement of his ruling that Proposition 8 is a violation of the Federal Constitution.

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