Equality always wins!

Stay lifted -- California marriage equality will resume Wednesday!

California's cities and towns can begin issuing marriage licenses for same-sex couples on Wednesday, August 18 -- assuming no stay is granted by the 9th Circuit Court of Appeals or the U.S. Supreme Court.  Today's decision by Chief U.S. District Judge Vaughn Walker, the judge who concluded that California's Proposition 8, banning same-sex couples from marrying, violates the U.S. Constitution, was greeted with celebration and tears of joy.

As Vermont Freedom to Marry cofounder Beth Robinson wrote, "On one side, we have real families living lives of integrity who are just seeking the same legal security that their neighbors enjoy. On the other, we have anxieties unsupported by actual evidence or reason. The U.S. Constitution doesn't allow unfounded fears to defeat citizens' basic rights."

So what now?  The process continues.  Equality opponents may immediately seek to appeal Judge Walker's decision NOT to stay his ruling on Prop 8 pending appeal.  That issue may or may not go up the chain in the court system. 

Regardless of whether the Court's decision takes effect right now, opponents are appealing the underlying court decision to the Ninth Circuit Court of Appeals.  The losing side at that level can ask the United States Supreme Court to review the Ninth Circuit's ruling, and the Supreme Court can decide whether or not to do that.  And California voters may well repeal Prop 8 at the ballot box in 2012, which would be fantastic news and would render the Perry case (in which Judge Walker overturned Prop 8) moot.

In the meantime, two important cases challenging the constitutionality of the federal government's refusal to provide federal protections to legally married same-sex couples are working their way through the federal courts here on our own coast.  The judge in those cases ruled that this aspect of the federal "Defense of Marriage Act" is unconstitutional.  If asked to do so, the judge in those cases is likely to "stay" the effect of the court's rulings pending any appeal.  Like the California case, these cases are at a critical juncture. 

Meanwhile, the American Bar Association (ABA) has announced its support for equal marriage rights.  Other states are on the way to adopting marriage equality laws.

Stay tuned:  It's a long road and we are well on our way.