The New York Times has one of the best editorials on the Proposition 8 decision from yesterday. Read the editorial here.
From the piece:Â “The decision, though an instant landmark in American legal history, is more than that. It also is a stirring and eloquently reasoned denunciation of all forms of irrational discrimination, the latest link in a chain of pathbreaking decisions that permitted interracial marriages and decriminalized gay sex between consenting adults.
As the case heads toward appeals at the circuit level and probably the Supreme Court, Judge Walkerâ€™s opinion will provide a firm legal foundation that will be difficult for appellate judges to assail.
The case was brought by two gay couples who said Californiaâ€™s Proposition 8, which passed in 2008 with 52 percent of the vote, discriminated against them by prohibiting same-sex marriage and relegating them to domestic partnerships. The judge easily dismissed the idea that discrimination is permissible if a majority of voters approve it; the referendumâ€™s outcome was â€œirrelevant,â€ he said, quoting a 1943 case, because â€œfundamental rights may not be submitted to a vote.â€