California courts uphold gay marriage ban

While this was an unexpected turn of events in many circles, this is exactly what I expected to see, but only because it was the logical conclusion to be reached based on the pertinent laws.

The California state constitution is written in a way that allows voter majority to create the kinds of idiosyncrasies that resulted in Proposition 8. The only thing a judge for their state court system can do is rule as to whether or not a law or statute adheres to the state constitution. Prop 8 was an amendment to California's state constitution, which means that the moment it went into effect, it became it's own exception to rules governing discrimination in that state.

Of course, the important words in that statement are in that state. The U.S. constitution includes a Bill of Rights, as well as several amendments that have upheld the full rights of citizenship and insured that they apply to everyone, no matter their circumstances. Discrimination against any one identifiable group made up of American citizens is unconstitutional on many, many levels.

Which brings us back to the California court ruling. An appeal to the U.S. Supreme Court will almost certainly result in Proposition 8 being struck down as unconstitutional (Federal law trumps state law). This means that we are looking at the end of this little trickle of state legislatures here and there legalizing gay marriage. By striking down Proposition 8, the Supreme Court will make gay marriage legal in EVERY state. The Social Conservatives and the Mormons in California who fought to get Proposition 8 passed will be remembered as the people who finally made legal acceptance of gay marriage across the U.S. possible.

And good luck trying to amend the U.S. constitution. We're not talking about a simply public majority vote here; amendments to the U.S. Constitution do not work the same way. Not only would it take a two-thirds majority vote in both houses of Congress t pull this off, it would have to be ratified by three-fourths of the states. Current polls only show a 50-50 split on this issue, not even close to what social conservatives would need to make their dogma the law of the land.

So let them enjoy today's little victory; it was only a skirmish. They're essentially cheering the lighting of a match that will last just long enough to allow them to see that their ship is sinking.