I really have to applaud Federal Judge Vaughn Walker on his jurisprudence in declaring Proposition 8 unconstitutional. Judge Walker looked at whether Prop. 8 violates the Due Process (the government can’t deprive people of life, liberty or property without) and Equal Protection clauses of the 14th Amendment. (Which, to same, I say Happy belated Birthday.) And, based on Reason rather than sentiment or belief, he found that there is no justification to deny these rights to gay men and lesbians.

Prop 8 supporters immediately decried this Reagan-nominated, Bush Senior-appointed justice as being one of those “activist judges” because he found there to be no good reason put forth to justify denying rights to this group of people. I have to think this is the inevitable conclusion because what rational, non-homophobic justification is there for discriminating against homosexuals?

Walker took pains to point out that marriage is a civil matter which religious leaders only “solemnize”. That view effectively cuts off any rebuttal based on religious tradition. More than that, it also recognizes that religious institutions, if they want to, can go ahead and discriminate. Rastafarians can refuse to recognize or perform the wedding of two battyboys (their repugnant term, not mine), but that has no effect on the couple’s ability to enter the legal agreement that is marriage. I hope, somewhat irrationally, that this will help the religiously bigoted deal with the fact of the matter.

This is a great moment for the triumph of reason over people’s baser beliefs and hateful dogma.

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