Editorial: More validation for gay marriage

The big win yesterday for gay marriage advocates in California is unique to that state, even if the U.S. Supreme Court eventually upholds the federal appeals court ruling. But the court's message is a significant, immediate and most welcome validation of the legal underpinnings of the marriage equality movement. The U.S. Court of Appeals for the Ninth Circuit invalidated Proposition 8, a 2008 ballot initiative designed to reverse a ruling by the California Supreme Court recognizing gay marriage. In a 2-1 decision, the federal court cited the 14th Amendment's equal protection clause in deciding that it was unconstitutional for a majority to take away a basic right already won by a minority. The ruling should hold up well, even if it is appealed, because the majority opinion closely adheres to a U.S. Supreme Court ruling in a Colorado case that stopped an attempt to remove anti-discrimination rights already given to gays and lesbians. As a result, it will be much more difficult for opponents to use ballot initiatives or court challenges to reverse legal recognition of same-sex marriages once it is won, such as in New York's landmark law last year. Gay marriage advocates, however, still have the daunting battle of gaining approval state by state. Washington may pass it this week. Then the next big vote will be in New Jersey. Gov. Chris Christie has threatened to veto a marriage equality bill, saying the matter should instead be decided by voters. That's not likely to be an effective punt, given the way the wind is blowing.