Today Federal Judge Vaughn Walker (a Bush daddy appointee) declared the California ban on gay marriage to be uncon- stitutional and a violation of gay and lesbian civil rights. Basically he said civil rights are not something we can vote on they are imbedded in the Constitution. Here's Judge walker's conclusion,
Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.Finally a modicum of sanity on gay marriage. It's very simple. In this society any fool can believe anything he or she wants to believe, but you can't enshrine your beliefs in law. That's unconstitutional. This is truly a major victory for civil rights and gay and lesbian rights.
Prop 8 declared unconstitutional (video)