We've Won A Battle, But The War Rages On

Finally.

Chief U.S. District Judge Vaughn Walker has struck down California's ban on same-sex marriage, saying Proposition 8--while passed by voters two years ago--is unconstitutional. Walker wrote that the law "fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license."

Well, yeah. But it ain't over, y'all. There will be an appeal. And the ban will stay in place during the appeal process. The case is expected to go first to the 9th U.S. Circuit Court of Appeals and eventually to the Supreme Court, if the justices agreed to review it.

Governor Schwarzenegger praised the judicial process, saying "all viewpoints were respected throughout the proceedings.....For the hundreds of thousands of Californians in gay and lesbian households who are managing their day-to-day lives, this decision affirms the full legal protections and safeguards I believe everyone deserves...[and]....at the same time, it provides an opportunity for all Californians to consider our history of leading the way to the future, and our growing reputation of treating all people and their relationships with equal respect and dignity."

The Human Rights Campaign hailed the judge's decision. "After hearing extensive evidence in support of marriage equality, and essentially no defense of the discrimination wrought by Prop 8, Judge Walker reached the same conclusion we have always known to be true -- the Constitution's protections are for all Americans, including the lesbian, gay, bisexual and transgender community."

No matter how you wanna spin this, the Constitution represents us all. And so, for the time being, we've won the battle. I am sure we will win the appeal, no matter how far it goes. But we must remember that this isn't the end, it's just a big step forward.

And worthy of celebration.