Proposition 8 has not seen its last headline. Today, Chief U.S. District Judge Vaughn Walker, in a bench ruling, is allowing a constitutional challenge to California's ban on same-sex marriage. The decision sets into motion a challenge on the constitutional denial of same-sex marriage to gay couples who cannot enjoy the same federal and state benefits heterosexual couples do without a single thought to this "right" that is denied others without rhyme or reason.

In his ruling, Judge Walker stated that a jury trial is the only way to be able to answer the unanswered questions as to whether or not gay and lesbians should be considered a persecuted minority and therefore, subject to judicial protections from discriminatory laws like gay-marriage bans.

Proponents of Prop 8 argue that Prop 8 is constitutional as the initiative rewrote the California Constitution to reflect that gay marriage is not a recognized as a right under the United States Constitutional protections. Opponents of Prop 8 argue that the 14th Amendment (also known as the equal protection clause) gives gays and lesbians those rights because the law of the land must be equally applied and interpreted as per the U.S. Constitution.

The judge scheduled the trial for January. Proponents and Opponents of Prop 8 are sure to keep a close eye on the proceedings and motions made before and during the trial. The general public can expect another multi-million dollar PR campaign to swing into full action leading up to the trial.

Time will only tell if the courts will rule in favor of or against gays and lesbians and if the courts will take the steps that were taken when California became the first state to outlaw anti-interracial marriage bans.

See the reaction to Proposition 8 -