Great news for real conservatives who believe in the U.S. Constitution and its guarantee of equal protection under the law!

A U.S. District Court Judge, first nominated by Ronald Reagan and then appointed under George H.W. Bush, has struck down CA's Prop 8 which added an amendment to the state constitution banning same-sex marriage equality. The state's majority Republican-appointed Supreme Court had previously found no basis for banning same-sex marriage in the CA constitution. That finding was, in effect, overturned at the ballot box in November 2008 by Prop 8 which ended same-sex marriage in the state and left thousands of marriages in limbo until today's finding.

As New York Magazine was first to report...

TPMMuckraker's Rachel Slajda reports that "Supporters of Prop 8 (that is, opponents of gay marriage) have already promised to file an appeal," and she now offers more quotes from Judge Vaughn Walker's landmark decision.

• Here's a copy of the final ruling [PDF].

And just a reminder to those of you foes of equality and the Constitution: Remember, where same-sex marriage is found to be legal and Constitutional, it will still be voluntary. You will not be forced to marry someone of the same sex. Just in case that's been unclear up until now.

UPDATE: CNN reports that, in a separate ruling [PDF], Walker grants a stay to his finding, pending appeal by the opponents of equality. If appealed, as is almost certain, the case will go to the 9th Circuit Court of Appeals and then likely to the U.S. Supreme Court.

Marcy Wheeler of emptywheel tweets a very interesting point, worth remembering, in relation to the likely inevitable hearing before the U.S. Supremes...

While I'm preparing for tonight's Mike Malloy Show --- the last night of my latest week-long guest hosting stint for him --- and working on a story concerning the exclusive news we brought you on a disturbing new break in a years-long election fraud mystery in Pima County, AZ during Hour 2 last night (audio archive here, listen to "Hour 2"), I thought you might enjoy a very short, but fun clip from the first hour of last night's show.

The caller was "Billy" from Austin, and he was calling to dispute my take on yesterday's encouraging news of the U.S. District Court judge in MA who found the federal ban on same-sex marriage to be unconstitutional.

"Billy" was very confused about marriage and about being a "conservative" --- which he isn't, as I explained, while I am. Give it a listen.

Download MP3 or listen online below [appx 6.5 mins]...

For the record, "Billy" hung up on himself. I didn't hang up on him. Also, bonus points for those who catch the amusing South Park allusion which "Billy" didn't seem to.

In the November 2008 election, the tabulation of votes for California's Proposition 8 --- the controversial ballot measure which resulted in the repeal of marriage equality by, for the first time, amending the state's constitution to deny the rights of Californians --- was "probably corrupted".

That's the finding of a newly released study issued by a coalition of election integrity organizations, as based on their analysis of an Election Verification Exit Poll conducted in Los Angeles on the day of the 2008 general election. "An investigation is warranted," the study concludes, into the evidence which suggests a likelihood that either "fraud or gross errors" occurred in the tabulation of that specific ballot measure.

The complete 49-page study has now been released on a new website, WasProp8Straight.org.

The poll was conducted on Election Day by Election Defense Alliance, Protect California Ballots, and ElectionIntegrity.org and was designed and researched with the help of at least one well known exit pollster, Ken Warren of St. Louis University's The Warren Poll, for the express purpose of measuring the accuracy of the reported vote count. It functioned beautifully in general, by confirming the results of most of the issues and races on the ballot. On Proposition 4, for example, which concerned a similar hot-button issue --- parental notification for abortion --- polling results and official election results matched within 2%, well within the expected margin of error.

However, for Proposition 8 only, the official results varied from the Election Verification Exit Poll by an average of 7.75% in the 19 precincts polled. In some cases, the discrepancy was as high as 17.7%. That is, of course, far outside of the margin of expected error and certainly worthy of further investigation by officials.

The creators of the poll, along with the analysts of the results and the authors of the study, seem to have gone out of their way to preempt the usual reasons for questioning and/or dismissing the methodology and findings of such polls. For example, as noted in the group's press release [emphasis added]...

Guest blogged by Frank Schaeffer

Nothing illustrates the danger we face from our own Taliban better than the way American "Christians" are now tangled up with the homophobic --- now potentially gay murdering --- Ugandan Christian/political leadership.

The Ugandan Parliament is considering a bill that would impose the death penalty on gays. One American must be cheering from the grave. Here’s what the late R.J. Rushdoony, Reconstructionist theologian and founder of the modern movement of that name, wrote in a letter to gay rights activist Mel White: “God in His law requires the death penalty for homosexuals.”

Disclosure: Both Mel White and Rushdoony were friends of mine, back in the day I was a Religious Right leader and sidekick to my father – the late Francis Schaeffer – who is “credited” by many, including by Karen Armstrong and Max Blumenthal – with being a key father of the Religious Right...along with R.J. Rushdoony. I quit the movement over its hate for the “other” and got out by the late 80s and started writing novels like Portofino, aimed at the heart of the movement through humor at fundamentalist’s expense.

Back in the day before Mel came out he was working with me on one of my father’s movie/book projects. We both left our far right “faith.” Mel acknowledged that he was gay and I said I’d had it with hate. These days I propose an anti-right progressive Christianity in my book Patience with God: Faith for People Who Don't Like Religion (or Atheism)

That said... The problem of American exceptionalism combined with a theocracy in which the “we” of evangelical faith finally destroy the “they” (everyone else) is growing. Who do you think Fox News' rabid followers are? Who do you think calls Obama "Hitler" while using the tactics of fascism themselves?...

Given that Obama ran on ending "Don't Ask Don't Tell" and repealing the "Defense of Marriage Act," those who believe in equal justice under the law --- as per the Constitution --- are justifiably none too happy about the fact that he hasn't gotten around to doing either yet.

He did give a rousing speech to the Human Rights Campaign over the weekend, however, re-promising to do all of the above, even if he failed to give a timetable for either of them.

Both DADT and DOMA are federal law, so he can't just change them unitarily over night....

Waytago, New Hampshire! We've now got six states in the union who respect the conservative principle of Equal Protection for all as written into our U.S. Constitution. At least in the case of marriage (we'll talk about that whole election mess at another time). The rest of you 44 America-hating states comin' aboard soon?

BTW, for those of you making summer travel plans this year, might I recommend spending some money in New Hampshire, Vermont, Connecticut, Massachusetts, Maine or Iowa? I understand they're all lovely this time of year!

Embarassing news, just in from the CA Supreme Court...

Supporters of equal rights for all are expected to push for yet another (and hopefully clearer!) ballot initiative to overturn the discriminatory Prop 8 in the near future.

Yet another state backs the conservative, Constitutional principle of equal protection under the law for all, as Maine's Gov. John Baldacci signs the legislature's newly approved bill, allowing for marriage equality in the state.

Said Baldacci upon signing:

Maine's recognition of equal justice for all, follows Vermont whose legislature last month over-rode a gubernatorial veto to pass a marriage equality law. Prior to that, same sex marriages were recognized as Constitutionally protected by Supreme Courts in Iowa, Massachusetts, Connecticut and California. In all of the state Supreme Court decisions, it was a Republican-appointee who wrote the majority opinion.

California's court finding has since been overturned by Prop 8, the constitutionality of which is currently being challenged. For the moment then, five states in the union now protect the right of same sex couples to enjoy the same rights that couples of opposite sexes enjoy.

I'm impressed, frankly, with the unflinching outspokenness of Meghan McCain (John's daughter) in her quest to restore sanity, and a future, to the Republican Party. No idea whether she'll have any success --- at least for the foreseeable future --- but her willingness to stand straight up to her own party's not-minimal thuggery is impressive.

Today, McCain is out and out calling for the GOP to "Go Gay" by embracing same sex marriage (she still calls it "gay marriage," but that's because she's still a Republican), and begins her case by pointing out that it was the GOP deity himself, Ronald Reagan, as Governor of CA in 1978, who fended off a ballot proposition which would have outlawed gays and lesbians from teaching in public schools.

"Reagan’s argument centered around the idea that parents already had all the rights they needed to protect their children and that the government did not need to interfere," McCain notes, pointing to an actual conservative doctrine which the GOP has all but abandoned in their bigoted, unConstitutional demands for Big Government intervention into the private lives of homosexual Americans.

I'm digging fairly deeply into the details of what could be a tremendously important story to come (unrelated to this issue), so for the moment I'll just leave you with a few of the money quotes from her essay at The Daily Beast today:

She finishes with the incredibly overly optimistic notion: "I believe the Republican Party has, at this moment, the opportunity to come forward and play an instrumental role in securing gay rights." Nonetheless, she deserves credit and kudos for having the courage to say it. It's a pity it'll likely fall on so many deaf, crazy, tea-bagging ears.

Discuss.

The list of out-and-out lies in this new anti-marriage ad, on the heels of recent constitutionally conservative victories in Iowa and in Vermont, is astounding...Even by the standards of the cowardly, fear-mongering hate groups that spend millions in their fight against equality and Constitutional equal protection under the law...

The ad, from the ironically-named NationForMarriage.org (NOM) hustlers, who appear to have just set up their new, thinly-disguised hate site as of yesterday, looks to have cost quite a bit of somebody's money.

Courage Campaign, who aptly describes the ad as "deplorable" and notes that it's now "airing across the country and 8 times a day in California" has launched a campaign to fight back against what it describes as the anti-American NOM scaredy-cats' use of "actors to push lies claiming that marriage equality threatens personal freedoms". Aren't there any restrictions in place that keep broadcast outlets from airing out and out lies like the many in the above propaganda video? Anyway, please help the Courage Campaign folks out, if you're inclined (or if you happen to place American Values above opportunistic, dishonest Religious Bigotry).

More great news for lovers of American Values such as the equal protection (supposedly) guaranteed to all under our U.S. Constitution!

On the heels of a ban on discrimination against same-sex marriage by the Iowa Supreme Court's conservative reading of their state's constitution last week, the Vermont legislature today has overridden their Governor's veto to officially recognize the right of same-sex partners to be officially married under the protection of state law.

Vermont becomes the fourth state (following MA, CT and IA) to currently recognize marriage equality, after they'd formerly adopted "first-in-the-nation civil unions law" nine years ago. We're delighted to see two-thirds of each Statehouse chamber override the Governor's veto of a law which will correct the injustice of segregation via "civil unions".

Vermont's Legislature is the first in the Union to affirm the right to marriage equality. Previous rulings, in four states, have been made by state Supreme Courts, each with a Republican-appointed Justice penning the majority opinion.

4 states down, 46 to go, in the quest for Constitutional Conservatism and the equal protection for all. (At least in this matter.)

LATE UPDATE: Congratulations are due to Rachel Maddow (or someone on her staff) for her headline tonight: "I Now Pronounce You Ben & Jerry"

In yet another Constitutionally conservative ruling, from yet another state Supreme Court, the very American values of equal protection under the law and protection of the minority against the tyranny of the majority (and against the tyranny of Big Government intrusion into private lives) have been upheld in Iowa today!

In addition to real Constitutional conservatives who should be rejoicing today, true Fiscal conservatives should also appreciate today's ruling, which is bound to be a boon to the state's economy since "There are no residency rules for marriage in Iowa, so the rule would apply to any couple who wanted to travel to Iowa."

Welcome into the light of civilized society and equality for all, Iowa! That's three states down (MA, CT and IA), with just 47 more to go!

UPDATE: As the emailed headline linking to the following article was so darn good, we just had to offer them a link for their good work: "Court Decision Deals Gay Opponents a Hard Blow"

FURTHER UPDATE: Steve Benen at Washington Monthly points out: "In recent years, four state Supreme Courts have ruled in support of same sex-marriage...And what do all four have in common? Each was appointed to their respective state Supreme Court by a Republican governor." Those darn 'judicial activists' strike again!

Last December, following the passage of Prop 8 in California, Ken Starr (yes, that Ken Starr) filed a legal brief with the CA Supreme Court, on behalf of the so-called "Prop 8 Legal Defense Fund", seeking to nullify the legal marriages of 18,000 same-sex couples in the state.

Arguments will be heard beginning on March 5th, and the Courage Campaign is asking for you to send your opinion to the Supremes (deadline: Valentine's Day), in hopes that they will invalidate the civil rights abomination that is Prop 8, on Constitutional (if not moral) grounds.

When the Courage Campaign launched their "Don't Divorce..." campaign, they asked members to "send pictures with a simple message for Starr and the Prop 8 Legal Defense Fund." Here's the resulting, and moving, 4-minute video...

Guest blogged by Jon Ponder, Pensito Review.

On Sunday, BeliefNet reported that the website for Rick Warren's Saddleback Church in Orange County, Cal., contained a warning that unrepentant gays were forbidden from joining the church:

Yesterday, that section, which was part of a longer diatribe about the sin of homosexuality (see below), is gone. According to BeliefNet, this link led to the page banning gays. Now it connects to a page titled "What We Believe." BeliefNet is known for down-the-line reporting on religion. It was recently purchased by Rupert Murdoch's Newscorp.

Via Good As You, there are are still offensive statements about gays on the megachurch site:

Guest blogged by Jon Ponder, Pensito Review.

This is really bad:

After the debacle of Prop 8 --- which Obama never mentioned on a public platform during the campaign and has not addressed since Election Day --- this is a kick in the gut to every gay American. Here's a quick look at Warren's positions from Right Wing Watch: