Props to Judge Vaughn Walker

California's Prop 8, a 2008 citizen-passed Constitutional amendment that defined marriage explicitly as being between a man and a woman, was overturned by Federal Court Judge Vaughn Walker the other day on the grounds that it violated California's constitutional duty not to discriminate. Well, duh!

This is how it stood previously:

Section I. Title
This measure shall be known and may be cited as the "California Marriage Protection Act."
Section 2. Article I.
Section 7.5 is added to the California Constitution. to read:
Sec. 7.5. Only marriage between a man and a woman is valid or recognized in California.

The law was repugnant both for its title "Marriage Protection" (protection from what? the evil gays?) and for its wording.


This follows what is the slow birth of a growing global trend to iron out this type of discrimination - Argentina recently legislated to extend all available legal rights and responsibilities to its homosexual population (in spite of its strong Catholic heritage, the Catholics not being huge fans of the gays). Iceland - whose Prime Minister is a proud lesbian and the first openly gay head of state in the world - legislated for gay marriage late June (with the PM being one of the first to take advantage of the laws). Before the law was enacted, homosexual couples could previously enter into a civil partnership and benefit from the same rights as heterosexual couples, but this had not been considered a formal marriage.

The Netherlands was the first country to recognise the legality of same sex marriage in 2001.

Hopefully it is simply an inevitability that same-sex marriage is legalised here in Australia. Eventually, of course. Let not social progress happen too fast Down Under.


It wasn't always illegal for gay marriages to occur in California. There was a small window back in 2004 where it was legal. During this time many couples got married - notably Ellen de Generes and Portia di Rossi - as well as these two old birds, Phyllis Lyon and Del Martin. I don't know how old they are, but imagine having to wait til their age to have your love together formally recognised.

Although there are many who state that marriage is just a piece of paper and blah-di-blah blah, we all know it's more than that: it's a public, beautiful declaration to your friends and family of your love, and it's symbolic of a deep and lasting commitment. It is public devotion and it is beautiful. It shouldn't be up to a crusty old legislature to take it away from anyone. You can see it on the faces of all those at the ceremony behind them - proudly, happily defying the conservatives who can't butt out of other people's affairs, celebrating a love that took so long to receive recognition. Beautiful.