Attorneys Theodore Olson and David Boies had a plan and executed it brilliantly. They were convinced that if they could put same-sex marriage on trial, with a complete record, then Proposition 8, California's same-sex marriage ban, would be found unconstitutional. And they were proven correct last week in federal court when Chief U.S. District Court Judge Vaughn Walker ruled that Prop 8 violates the equal protection and due process clauses of the 14th Amendment.
This was a landmark decision that contained everything marriage equality advocates could have hoped for. In his 136-page decision, Walker concluded, through a detailed list of 80 findings of fact, that same-sex couples are entitled to marriage rights under the U.S. Constitution.
Reading through the decision is a joy. Walker offers a point-by-point takedown of marriage equality opponents' "best" arguments, utterly wiping away in one sweeping decision all those ridiculous reasons that we have been hearing about for years.
Significantly, Walker stated, in finding of fact #46 that "Individuals do not generally choose their sexual orientation. No credible evidence supports a finding that an individual may, through conscious decision, therapeutic intervention or any other method, change his or her sexual orientation." Walker cited studies and testimony from the plaintiffs themselves in support of this fact, which should cause people to flee from ex-gay groups like Exodus. Those opposed to marriage equality should immediately cease to use this red herring that people can "choose" not to be gay. It does nothing to advance their position – as unfounded as it may be – and is wrong.
Another important finding by the judge is #48: "Same-sex couples are identical to opposite-sex couples in the characteristics relevant to the ability to form successful marital unions. Like opposite-sex couples, same-sex couples have happy, satisfying relationships and form deep emotional bonds and strong commitments to their partners. ..." Olson and Boies presented much evidence supporting this point during the trial, even from Prop 8 proponents.
The judge put to rest one of the most laughable arguments against same-sex marriage: that gays and lesbians can get married, just not to members of the same sex. "Marrying a person of the opposite sex is an unrealistic option for gay and lesbian individuals," Walker wrote in fact #51. And, in fact #52, he pointed out the main problem with domestic partnerships, which is currently the law in California: "Domestic partnerships lack the social meaning associated with marriage, and marriage is widely regarded as the definitive expression of love and commitment in the United States."
We've all heard for years that same-sex marriage will harm heterosexual marriage. There has never been any reputable research to support this claim. Walker also disputed that notion in fact #55: "Permitting same-sex couples to marry will not affect the number of opposite-sex couples who marry, divorce, cohabit, have children outside of marriage, or otherwise affect the stability of opposite-sex marriages."
On the hot-button issue of children, Walker was clear: gay and lesbian couples are raising kids now, and children in those households are no different than those raised in opposite-sex households. "Children of same-sex couples benefit when their parents marry," Walker wrote (fact #56). And, "Children do not need to be raised by a male parent and a female parent to be well-adjusted, and having both a male and a female parent does not increase the likelihood that a child will be well-adjusted [fact #71]."
The judge made the distinction between those who morally disapprove of same-sex marriage and the legal ramifications. In the end, it is not enough to disapprove of same-sex marriage. That is, Walker wrote, "an improper basis on which to deny rights to gay men and lesbians."
Walker was right when he concluded that Prop 8 "fails to advance any rational basis in singling out gay men and lesbians for denial of marriage licenses."
Now the case heads for the appeals court, and likely the U.S. Supreme Court. While we don't know what will happen, we do know that Walker debunked every anti-gay stereotype about same-sex couples and he did it based on the evidence presented at trial.
That's not an activist judge as some of the Prop 8 defenders are claiming.
This is a decision reached by a judge who heard the evidence. And the evidence is clear: Prop 8 discriminates against same-sex couples.