Before we dwell on the good news (which we will do), let’s get the inevitable backlash out of the way.  In the coming days/weeks/months, you will no doubt hear plenty of variations on the following:

“Judge Walker is gay and biased and made up his mind before the trial even began!”
“An activist judge overturned the will of the people!”
“They’re changing the definition of family/we’re living in the end times/California will fall into the ocean, etc.”

You get the point.  Same song, different verse.  We know they’re wrong, and finally, a Federal Court decision has backed us up.

Chief U.S. District Judge Vaughn Walker has overturned California’s same-sex marriage ban (Proposition 8), finding it unconstitutional and violating the Constitution’s due process and equal protection clauses while failing “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,” the judge wrote in his 136-page ruling.

California voters passed the ban in November 2008 after the most expensive campaign over a social issue in history, five months after the state Supreme Court legalized gay marriage.

David Boies and Theodore Olson, ideological opposites who once famously sparred in the 2000 Supreme Court battle beween George W. Bush and Al Gore over the Florida recount and the presidency, brought the case — Perry v. Schwarzenegger — in May 2009.  The trial, which began in January, was closely watched in the gay community, but – in a controversial decision – was not allowed to be broadcast.  The plaintiffs offered two weeks of evidence from 18 witnesses, including experts on marriage, sociology, and political science, as well as emotional testimony from the two couples who had brought the case.

Defense lawyers, on the other hand, called just two witnesses, claiming they did not need to present expert testimony because U.S. Supreme Court precedent was on their side. The attorneys also said gay marriage was an experiment with unknown social consequences that should be left to voters to accept or reject.

In an usual move (or as I like to think of it, a further show of no confidence in the moral legitimacy of Proposition 8), the original defendants, California Attorney General Jerry Brown and Gov. Arnold Schwarzenegger, refused to support Proposition 8 in court.

While today is a historic day and celebration is certainly called for, this is still only the beginning of a long legal battle over Proposition 8, as proponents of the ban have vowed (they always do) to appeal the decision to the 9^th U.S. Circuit Court of Appeals and eventually the Supreme Court.

Walker has temporarily stayed his order until Friday, giving Prop. 8 backers time to file appeals and seek a long-term stay. The decision would appear to delay any resumption of gay marriage in the state. Officials in L.A. County and West Hollywood said they were studying the ruling before deciding whether to begin issuing same-sex marriage licenses again.

So let’s keep a collective level head and clear focus as this issue marches on, but today a battle has been won in our war for equality and the significance should not be underestimated.  A heartfelt thank you is owed to the plaintiffs and their attorneys for a battle hard fought, and to Judge Vaughn R. Walker for a decision soundly made.

Grab your gay husband or wife (or the ones soon to be) and give them a big kiss.  August 4, 2010 is a good day.