Matt Baume dot com: Prop 8 ruling met with tears, dancing, and resolve

A jubilant crowd took to the streets in San Francisco on Wednesday night to cheer Chief U.S. District Court Judge Vaughn Walker's decision that Proposition 8 is unconstitutional.

Kate Kendell, executive director of the National Center for Lesbian Rights, addressed a crowd of around 800 people from the steps of City Hall. "The last time I stood on these steps, we were in pain because Prop 8 had just passed," she said as she blinked back tears. At the time, she recalled, her son comforted her, "Mom, it's just a matter of time."

Wednesday night's rally was an opportunity to celebrate the landmark ruling, and as Kendell read a portion of Walker's conclusion aloud, she was met with deafening cheers: "Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional."

Prop 8 was passed by California voters in 2008 and amended the state constitution to bar same-sex marriage. Walker's ruling stated that Prop 8 violates the equal protection and due process clauses of the 14th Amendment of the U.S. Constitution. The federal case was brought by two same-sex couples - one from Burbank and one from Berkeley - and they were joined by the city of San Francisco in the case known as Perry v. Schwarzenegger. The trial in January and June in federal court sought to develop a clear record of the discrimination faced by gays and lesbians, as well as to show there is no reason why same-sex couples shouldn't be allowed to wed.

In his sweeping 136-page decision, Walker agreed with the plaintiffs.

Other speakers on Wednesday night thanked allies in the fight for equality. Geoff Kors, executive director of Equality California, pointed out that Attorney General Jerry Brown refused to defend Prop 8 in court.

"There's nothing more important that we can do than elect Jerry Brown and Kamala Harris and make Gavin Newsom the next lieutenant governor," Kors said, referring to the fact that Democrats Brown and Harris are running for governor and attorney general, respectively.

Newsom, the San Francisco mayor who started the same-sex marriage debate when he ordered city officials to issue marriage licenses to gay and lesbian couples in 2004, is also seeking statewide office in the November general election.

After a warm-up rally in the Castro, people proceeded down Market Street to Civic Center, then returned to the Castro for a party that packed the street with dancers.

Joselle Monarchi was among the hundreds who marched. "When I told my partner, we were both jumping up and down in the kitchen," she said.

But despite the celebratory mood, many acknowledged that the case could face years of appeals. "This is a semicolon," said the Reverend Byron Williams of Oakland's Resurrection Community Church. "We still have work to do."

In fact, Walker's decision is on hold while he accepts briefs from both sides on a long-term stay filed by the defendants.

Openly gay Supervisor Bevan Dufty recalled greeting a young lesbian couple in City Hall just minutes after the decision. "I've been in a lot of different marriage situations," Dufty told the Bay Area Reporter, "and I was guarded until I saw those women. Feeling that urgency, that palpable sense of 'I want to get married right now.' ... It touched me in a way I wasn't prepared for."

Assessor-Recorder Phil Ting, whose office oversees San Francisco marriage licenses, was also moved.

"We are getting ready for you!" Ting shouted to the crowd, receiving an enthusiastic cheer. "We can't wait to get that order from the judge to open the doors and sign every single license."

He added, "I hope to see you all in a few days inside getting married."

Whether Ting's office can begin issuing licenses to same-sex couples remains to be seen. Walker issued a temporary stay, preventing the immediate overturn of Prop 8. That stay is likely to be reviewed in the next few days by the 9th Circuit Court of Appeals.

Bearing that in mind, many celebrants kept their enthusiasm partially in check.

"This is a wonderful moment to celebrate," said Marisa Boyce, "but I know it'll be a couple more years before it's resolved."

"As much as this is exciting and great, it isn't completely a victory," said Davina Bardon. As she spoke, a nearby flashmob erupted into a choreographed dance routine to "We Go Together" from the musical Grease. Bardon's friend Kara Dawson smiled.

"We're charging the batteries for the next round," she said.