California Supreme Court Decision on Prop 8 Sets up a Win for Gay Marriage Advocates

Dear Bigoted Republicans. You have lost the gay marriage debate. You may as well fold your tents and toss your slogans--"Marriage is valid only between a man and a woman" -- into the recycling bin.

To begin with, Proposition 8 was tricky. To vote FOR the right of gay people to marry, you had to vote NO. To vote AGAINST gays, you had to vote YES. And the thing only passed by 50 to 51 points. So the California Supreme Court took it up. And they upheld it, meaning in California, it is unconstitutional for gay people to marry. But wait. The Court also let stand the 18,000 gay couples already married. Which sets up a win for people in favor of allowing gay couples the same right heteros have, the right to marry. And here is why:

Equal protection under the law. The equal protection clause under the Fourteenth Amendment to the U.S. Constitution reads: "no state shall ... deny to any person within its jurisdiction the equal protection of the laws" California can not, at this point undo the marriages of the 18,000 gay couples already joined in civil unions. But it leaves those forbidden to marry behind the wall constructed by the California Supreme Court decision on Prop 8. When it goes to the U.S. Supreme Court, the Justices will have no choice but to overrule the California decision on grounds that it violates the Fourteenth Amemendment.

This is delicious. Whether they meant to or not, the California Supremes set up a situation in which gay marriage will be validated nationwide by the U.S. Supremes. No more state-by-state legalization. Game over. And the bigoted Republicans can scream all they want about destruction of family values and insult to hetero jurisdiction over the institution of marriage, the fact will be that gay couples will have the right, validated by the highest court in the land to marry and be as miserable or happy as the rest of us to enjoy the benefits of marriage.

Which is as it should be. Take that, Limbaugh and Hannity and all the rest of you idiot bigots. Get used to it. Marriage has been redefined, and all for the better. Gay marriage opponents are on the wrong side of history. There is no way to stop it now.