Clips of the hearings will be posted below as they become available.

In a decision just handed down to lawyers for both sides, Walker ruled in that Proposition 8 is “unconstitutional under both the due process and equal protection clauses.” The court, therefore, “orders entry of judgment permanently enjoining its enforcement.” We’re staying tuned for more updates and details on the 136-page decision, but these two sentences from the conclusion are critical:

“Proposition 8 fails 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 supporters of Proposition 8 will of course appeal the decision.

Prop 8 “Day of Decision” rallies are occurring through out the nation later today. A list of them can be found here.

If there was any justice in the world  naysayers like  Rush Limbaugh, the Governor of Mississippi and CEO of BP would be forced to assist in the clean up, wading knee deep in the carcasses that have washed up on shore, the stench of rotting flesh remaining with them the rest of their lives.

More photographs of the environmental carnage at the Big Picture.

Fiorina voted in favor of Proposition 8 in 2008. When she announced her bid for Boxer’s seat last November, Fiorina reiterated her stance against gay marriage saying she “believes in the sanctity of a marriage between a man and a woman.” Fiorina has been relatively quiet on the issue since.

Poor Mr. Beck doesn’t stand a chance.

“In his State of the Union address, President Obama asked Congress to repeal the ‘Don’t Ask, Don’t Tell’ policy.  I am immensely proud of, and thankful for, every American who wears the uniform of our country, especially at a time of war, and I believe it would be a mistake to repeal the policy.

“This successful policy has been in effect for over fifteen years, and it is well understood and predominantly supported by our military at all levels.  We have the best trained, best equipped, and most professional force in the history of our country, and the men and women in uniform are performing heroically in two wars.  At a time when our Armed Forces are fighting and sacrificing on the battlefield, now is not the time to abandon the policy.”

Senator, if our military is indeed the most “professional force in the history of our country,” don’t you think they can handle serving along side out gay and lesbian soldiers? It should be a non-issue. Or are you simply allowing your homophobia to put our armed forces and the security of this nation at risk?

Paul Nathanson a Canadian religious scholar who just happens to be gay (duh!) was also trotted out in Varnum v. Brien which ultimately led to the Iowa Supreme Court legalizing same-sex marriage. In the document Defending Faith, Family and Freedom by the Family Research Council Nathanson is quoted as saying that cultures can only survive and thrive via opposite-sex marriage.

“Because heterosexuality is directly related to both reproduction and survival … every human society has had to promote it actively … Heterosexuality is always fostered by a cultural norm” that limits marriage to unions of men and women. He adds that people “are wrong in assuming that any society can do without it.”

Not surprisingly marriage scholar Maggie Gallagher also surfaces in said document.

Nathanson and Young also co-authored  Marriage à la mode: Answering the Advocates of Gay Marriage in 2003 which attempts to dissect and tear down many marriage equality positions. Some of their arguments below.

Argument 7: Children would be no worse off with happily married gay parents than they are with unhappily married straight ones: This comparison is false, because it involves the best of one scenario with the worst of another. A legitimate comparison would compare either the best of both or the worst of both. Once again, we suggest that the best of marriage (providing at least one parent or other adult of each sex) is better than the best of gay marriage (which provides two parents of the same sex and none of the other one).

Argument 15: Anyone who opposes same-sex marriage is homophobic: This argument amounts to verbal terrorism. By “homophobic” is meant prejudice and hostility, although this word actually connotes the neuroticism of a phobia. The implication is that only evil or sick people can possibly disagree with any claim made by gay people. So much for the possibility of rational debate. (Never mind that not even all gay people are in favor of gay marriage.)

Moreover, this is an ad hominem argument. It is easy to trivialize arguments by attacking the personal integrity of those who make them. That way, you need not deal with the argument itself.

It’s a lengthy document but a good source for “verbal terrorists” such as myself in developing counter arguments.

In an unsigned opinion Wednesday, the court criticized [Judge] Walker for attempting to change the rules “at the eleventh hour to treat this case differently than other trials.”

While the court set no time limit in its ruling, any further proceedings at high court likely would come after the trial was over.

The four justices in dissent were Stephen Breyer, Ruth Bader Ginsburg, Sonia Sotomayor and John Paul Stevens.

At this time it is still unclear if the trial proceedings will be posted on YouTube as that was not addressed in today’s decision.

The American Foundation for Equal Rights which is leading the challenge against Proposition 8 released the following statement:

“Proposition 8 attacks the core of what our nation stands for — that all of us are entitled to equal protection under the law and equal treatment from the government. A trial on constitutional rights should be accessible to as many people as possible,” said Chad Griffin, Board President of the American Foundation for Equal Rights. “Given the powerful evidence against Prop. 8 presented in court today, we are not surprised the initiative’s defenders sought to keep this trial as private as possible.”

Not surprisingly the ruling broke cleanly along idealogical lines and fear it doesn’t bode well for when the case ultimately reaches the Supreme Court.