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The long road ahead for the Prop. 8 ruling and how stars can help shine the way

Have you recovered from your “Hey, Prop. 8, don’t let the door hit you in the ass on the way out” party yet? The revelry was indeed long and long overdue as the LGBT community, its straight allies and fans of the U.S. Constitution have been rejoicing since yesterday afternoon when a federal judge ruled the California gay marriage ban was unconstitutional. Man, I never get tired of hearing that.

In words that, as The New York Times wrote yesterday, “could someday help change history” Chief US District Judge Vaughn Walker summarily dismissed the anti-gay marriage argument writing ultimately that “moral disapproval alone is an improper basis on which to deny rights to gay men and women.” Man, I never get tired of hearing that, either.

Stars swarmed to Twitter to express their joy at the Perry vs. Schwarzenegger ruling, the first federal decision ever to declare that same-sex marriage bans violated the U.S. Constitution. Hell, even California Governor Arnold Schwarzenegger, who declined to have the state defend the case but whose name is emblazoned as its defendant regardless, released a statement saying “This decision affirms the full legal protections and safeguards I believe everyone deserves.”

But the elation from yesterday, with everyone from Lady Gaga saying it inspired her to write new music and Adam Lambert saying it was time for a glitter party, belies a difficult road ahead. The ramifications of the federal ruling could be far reaching, especially if the case ends up in the Supreme Court, as is widely expected.

Now that the cheering, and hopefully happy hangovers, have subsided, what is left to do? The judge immediately issued a stay after his ruling, meaning don’t rush off to city hall for that marriage certificate, Californians. His ruling is not in effect and gays still can’t marry just yet. The defendants will undoubtedly file an appeal and, depending on upcoming court hearings, the actual practical overturning of Prop. 8 could be on hold until that process is over – which might take years.

In the meantime, what can we do to harness all the big, gay, happy energy out there? How can we make all this star power shine the way toward a Supreme Court victory that could spell the end of the ban on same-sex marriage across the entire country? Quite simply, by living the words of esteemed Judge Walker in his 138-page ruling. In no uncertain terms, his decision dismantled the arguments against same-sex marriage.

And while we take his findings of fact to be self evident, it never hurts to have some high-profile examples to remind the public why we all deserve an equal shot at life, liberty and the pursuit of happiness.

Judge Walker: “Same-sex couples are identical to opposite-sex couples in the characteristics relevant to the ability to form successful marital unions.”

You’d be hard-pressed to find a more perfect example of wedded bliss than Ellen DeGeneres and Portia de Rossi.

Judge Walker: “The sexual orientation of an individual does not determine whether that individual can be a good parent.”

Sara Gilbert and Allison Adler have quietly, openly, lovingly been raising their children and will soon share them with the world on The Talk.

Judge Walker: “Permitting same-sex couples to marry will not affect the number of opposite-sex couples who marry, divorce, cohabit, have children outside of marriage or otherwise affect the stability of opposite-sex marriages.”

Correct me if I’m wrong, but the day after Jane Lynch and Lara Embry announced they were married, a flood of straight couples marriages didn’t suddenly crumple at the weight of their new union. Though, admittedly, it’s not out of the realm of possibility that a few people might have given up in despair because they’ll never be as adorable as Jane and Lara together.

Judge Walker: “The campaign to pass Proposition 8 relied on stereotypes to show that same-sex relationships are inferior to opposite-sex relationships.”

Take one look at Rachel Maddow and Susan Mikula together and I dare you to say that they are in any way inferior.

In the end, you what makes this court decision so great is what makes it so simple. We’re a county built on fundamental rights. Those rights aren’t up for discussion and certainly aren’t up for a vote. As Judge Walker also wrote: “That the majority of California voters supported Proposition 8 is irrelevant, as ‘fundamental rights may not be submitted to [a] vote; they depend on the outcome of no elections.'”

The fight ahead is long and tough and arduous. But we have something on our side the other side has never had: The truth.

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