Unless you’ve been living under a rock you’ve probably heard about Proposition 8, the 2008 California ballot proposition that added language to Article I of the California State Constitution which stated that "Only marriage between a man and a woman is valid or recognized in California." The initiative, easily the highest-funded campaign on Election Day last year except for the presidential election, overturned a previous ruling that found that same-sex couples had the right to wed in California and prompted a slew of protests across the United States as human rights supporters everywhere reacted violently (not literally) to what was then viewed as a codified discriminatory action taken by the state on behalf of conservative nut jobs who feared that not fucking with the constitution and people’s rights would "result in public schools teaching our kids that gay marriage is okay.”

Well, if you’re any fan of liberty whatsoever you’ll be happy to know that this draconian piece of shit-legislation has been under siege by same-sex advocates and government entities since it’s inclusion in the waning months of 2008 and is finally making some headway in bitch-slapping the conservative cum-dumpstery who fought to impede the rights of hard-working citizens solely based on their sexual preference. While previous lawsuits have been successful in guaranteeing that existing same-sex marriages will be upheld they have thus far not been able to overturn the legislation in general. However, this week a federal judge has refused to dismiss a lawsuit that challenges Prop 8 on the grounds that it denies members of the LGBT community their basic fundamental rights. Chief U.S. District Judge Vaughn Walker’s ruling on Wednesday found that the argument challenging Prop 8’s legality is valid and furthermore that a court battle is necessary to resolve the legal issues surrounding the amendment.

One of the largest questions at the heart of the case concerns whether or not the proposition was “passed with discriminatory intent” and whether or not homosexuals should constitute a “persecuted group”. Charles Cooper, the lead attorney for the “pro-marriage”/homophobic organization Protect Marriage (whose website protectmarriage.com has more information on the insane fight to keep “activist judges” from “redefining”, and thus undermining, marriage) spoke on the matter, saying that gays and lesbians do not qualify as a “persecuted group” in the same way religious and ethnic minorities do (which is also the reason why the brutal murder of Matthew Shepard can’t be considered a hate crime, a notion that, although ridiculous, was upheld despite numerous challenges).

While supporters of the legislation have moved to dismiss the case on the grounds that accusations of supposed bias are unfounded and irrelevant, if the case is not thrown out by its January 11th trial date, it will become the first to test the legality of constitutional bans on same-sex marriages and could prove to be instrumental in challenging similar bans elsewhere. As part of the legal proceedings, supporters of Prop 8 will be required to disclose “campaign finance and strategy documents”, which gay-rights proponents hope will prove discriminatory intent beyond the shadow of a doubt.

I’m sure I don’t need to tell you how I feel about this. To deny that homosexuals and members of the LGBT community at large are the victims of discrimination is absolutely ridiculous. From the continued refusal of Congressional officials to amend hate-crime legislation to include homosexuals under the umbrella of persecuted groups to the recent enactment of bans on homosexual marriage, no group has been met with more resistance as it’s tried repeatedly to ingrain itself in the fiber of American society. In this age of political correctness, when the attention of the American populace has turned increasingly toward an ideology of tolerance, homosexuals (and Muslims) have seemingly been left out in the cold (no pun intended). The fact that something may finally be done about it is an exciting and intriguing development, however fucking long overdue it may be, and while it may be an ongoing fight for homosexuals to be regarded as valuable members of our society the toppling of this ridiculous proposition is the first step in ensuring that no people are left behind. I only hope that the Supreme Court has the foresight that Judge Walker (I know I should make a Mad Max joke, but I’m far too hung over) has had, for everybody’s sake.

Oh and real quick. During an April debate regarding the possible designation of Matthew Shepard’s murder as a hate crime, Representative Virginia Foxx of North Carolina called the murder’s "hate crime" labeling a "hoax". Now, you tell me, what the fuck is that about?

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