Prop 8 - Finally Some Good News

As most have no doubt heard, U.S. District Judge Vaughn Walker has ruled against California's Proposition 8 in a move that no doubt had Rachel Maddow stirring up more than a few cocktails. For anyone who has not read his decision, it's interesting, but long. For those short on time, Slate's Dahlia Lithwick has an excellent write-up.

From here, it's on to the 9th U.S. Circuit Court of Appeals. Given the reputation of the 9th, Judge Walker's carefully crafted ruling, and the complete clusterfuck that was the pro-Prop 8 team's case, its hard to imagine that the 9th Circuit won't uphold Walker's ruling, opening the door for the case to head to the Supreme Court.

While the 9th is notoriously unpredictable, at least they'll have to base their judgment on Walker's 80 findings of fact, which he painstakingly laid out.

Some conservatives have openly kvetched that it was unfair to have a openly gay judge rule on the case, but none has taken the time to point out that it has been unfair for closeted lawmakers to legislate on queer issues. If a gay judge should have recused himself, what about a married straight judge, or a divorced one? What about a judge who has chosen not to marry? This case is likely going to be in front of Justice Scalia, and while he's not gay, he has one common trait with many of the pro-Prop 8 people: he's a gaping asshole.

Luckily for them, there's no one saying assholes can't marry. Newt Gingrich has has done it three times.