“Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples.”
Chief U.S. District Judge Vaughn Walker
With that ruling California’s Proposition 8 was put into legal limbo. A “temporary stay” (a legal order to stop the execution of a legal judgement) was quickly issued on Judge Walker’s decision — a stay that allowed the state’s ban on same-sex marriages to continue. That stay MAY be lifted today (Read about it: HERE) by a federal court in California; if lifted, Proposition 8 will, at least temporarily be lifted and same-sex couples will be granted marriage licenses — if the federal court does lift the stay, that decision, you can be sure, will quickly be appealed to a higher court and, perhaps, once again a stay order will be issued until that higher court acts.
The “flaming” gay people who celebrated Judge Walker’s original ruling with parades and speeches are the “squeaky wheels” who get all of the public attention and they turn a lot of people off; but we must remember that these high-profile gays are hardly representative of the majority of gay people and outrageous public behavior certainly does no favors for the majority. The majority of gay people are the people you meet every day — your friends and co-workers — who’s sexual orientation you either know or suspect but realize that whatever that orientation is, it has no impact on your life.
The above quote from Juge Walker’s original order, declaring Proposition 8 unconstitutional, is based on pure logic and IMO that is the way the law needs to work. The original Proposition 8 was based on theology and on tradition; neither theology or an ill-conceived tradition such as that should ever take the place of calm logic.