On Wednesday of last week, U.S. District Judge Vaughn Walker issued his ruling that Proposition 8, the amendment to the California constitution asserting that only marriages between one man and one woman were valid, was unconstitutional.
The ruling is a welcome step toward equality for homosexuals and same-sex couples.
The right of couples, same-sex or otherwise, to marry is a fundamental one, and we agree with Walker’s finding that civil rights of our fellow citizens should not be subject to a vote.
While the ruling indicates important progress, there have been troubling claims about Walker’s own sexual orientation in regards to the validity and fairness of his decision.
Walker has declined to discuss his sexual orientation, and it is completely irrelevant to his responsibility as a judge.
It seems unlikely any such outcry would be made if a black judge were ruling on a race-related issue, and questions of the judge’s sexual orientation have no place in a debate about his ability to interpret the law.
In addition, we are cautious in our celebration of this ruling as a victory for civil rights, as we feel many difficult struggles for equal rights and protections regardless of sexual orientation may be yet to come.
It has become clear that this case will almost certainly be appealed until it reaches the Supreme Court, and if the nation’s highest court were to overturn Walker’s ruling, it would prove to be a large setback for the gay rights movement throughout the country.
Such a ruling is not out of the question, especially considering the current makeup of the Supreme Court. The precedent that a ruling in favor of Prop. 8 would set could pave the way for similarly discriminatory legislation throughout the country.
Supporters of the movement should be careful not to become complacent, as the battle for equality is far from over.