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Proposition 8 is a tough issue to discuss, whoever you are. For many of us, discussing it with friends and family can be a minefield of discoveries and shocking beliefs. And while it’s not generally discussed in the UK or Europe, many in the gay community around the world keep their ear to the ground for news on this issue.

Which is why I write this post on the subject of Prop 8; there’s news.

For those who do not know, Prop 8 is the legal challenge made by what is effectively a Frankensteins monster of Religious zealots with a dictatorial bent and political hacks with a bible-thumping band of followers to placate.

California has long been seen as a beacon of forward thinking and social inclusion when it comes to Gay rights in the USA. Many around the world rejoiced when the American state granted the right of marriage to same-sex couples on June 16th 2008, affording another level of equality to the large Gay and Lesbian population.

Many hoped that other states would follow (California is only the second state to recognize Gay marriage) and saw this as a landmark moment, perhaps securing a genuine change toward supporting equality, rather than maintaining the politically correct, and eerily silent, statusquo.

Many flocked to take the opportunity provided by the state, traveling to marry their long-term partners and secure recognition of their dedication and commitment to each other.

But all was not well in the sunny state of California. Proposition 8 was born out of ignorance and hatred, religious bigotry and ignorance, political posturing and placating… and it won.

Backed by thousands of religious followers and right-wing activists, Prop 8 intended to add an amendment to the California Constitution which limits marriage to be a partnership between a man and a woman. And on November 5th 2008, Prop 8 passed.

On August 10th 2010, Judge Vaughn R. Walker ruled the ban on same-sex marriage unconstitutional. However, he also stayed his ruling on the case.

As it stands, same-sex marriage is not currently permitted in the state of California, while those married during this brief period of equality will retain their right to be legally recognized as a married couple.

So here’s the new news!

Judge Vaughn R. Walker (retired as of February 2011) announced his 10-year relationship with another man earlier this month, outing himself. Those in support of Prop 8 are now calling for his ruling in the case to be overturned. Basically, the Prop 8 supporters are claiming that it was a conflict of interest for him to preside over this case as a Gay man, and that his ruling of the ban being unconstitutional was driven by personal belief.

It goes without saying that a judge is tasked with making a ruling based on the laws of a nation and state. In every case the ruling is based upon the legal standing of the region, not the personal beliefs, lifestyle, sexuality or religion of the judge overseeing the case. A judge does not create the law he or she adheres to, they are a tool of the legal system. Therefore the issue of his own sexuality is not relevant to this – or any other – case.

Final thought: Why is it that a majority have the right to dictate the basic rights and freedoms of a minority when granting those rights does not affect their peace and happiness? Allowing Gay and Lesbian couples to marry is not harming those who are married. The religious groups and right-wing political hacks are not truly affected by this choice, and many of them do not even live in the state of California.

If this entire case shows just one thing, it’s how many thousands of people claim to live in a “Land of the Free”, proud of their great strides for social justice and freedom, and yet still believe they have the right to limit the freedom and equality of one section of society as it suits them.

It’s hypocritical, arrogant, and reeks of dictatorial sentiment.

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