One word: unconstitutional.
At the federal appeals level, Prop 8 has failed the standard of constitutionality, with San Francisco’s Ninth U.S. Circuit Court of Appeals ruling today that even if a majority of voters “disapprove of homosexuality,” the state can’t revoke gay rights (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/02/07/BA1H1N3T1H.DTL#ixzz1lkQlr28b).
Speaking for the majority opinion, Judge Stephen Reinhardt stated, “Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples. The Constitution simply does not allow for laws of this sort.” Although the majority ruling did not explicitly declare a universal right to marry under the Constitution, I’m hoping we are laying the legal foundation to get there.
In the meantime, here’s to love.