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Wednesday, August 4, 2010

Unconstitutional - Prop. 8 (H8te): California's Same-Sex Marriage Ban Ruled Unconstitutional

A federal judge in California has struck down that state's ban on same-sex marriage, saying Proposition 8, passed by voters two years ago, is unconstitutional.   Chief U.S. District Judge Vaughn Walker wrote that Prop. 8 "fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license."

"Plaintiffs challenge Proposition 8 under the Due Process and Equal Protection Clauses of the Fourteenth Amendment," the judge wrote. "Each challenge is independently meritorious, as Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation."

To read Walker's complete ruling click here.

Gov. Arnold Schwarzenegger praised the judicial process, saying "all viewpoints were respected throughout the proceedings."

"For the hundreds of thousands of Californians in gay and lesbian households who are managing their day-to-day lives, this decision affirms the full legal protections and safeguards I believe everyone deserves," Schwarzenegger said in a statement. "At the same time, it provides an opportunity for all Californians to consider our history of leading the way to the future, and our growing reputation of treating all people and their relationships with equal respect and dignity."

The 136-page decision, issued by Chief U.S. District Judge Vaughn Walker in San Francisco, is an initial step in what will likely be a lengthy legal fight over California's Proposition 8, which defined marriage as a union between a man and a woman.

The conclusions of law by Judge Walker begin on page 109. Here’s a choice quote from page 111:

Never has the state inquired into procreative capacity or intent before issuing a marriage license; indeed, a marriage license is more than a license to have procreative sexual intercourse.
From page 113:

The evidence shows that the movement of marriage away from a gendered institution and toward an institution free from state-mandated gender roles reflects an evolution in the understanding of gender rather than a change in marriage. The evidence did not show any historical purpose for excluding same-sex couples from marriage, as states have never required spouses to have an ability or willingness to procreate in order to marry. FF 21. Rather, the exclusion exists as an artifact of a time when the genders were seen as having distinct roles in society and in marriage. That time has passed.
From page 135, “CONCLUSION”:

Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples. 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.
After so much news of fear and hate we have news of hope.  Why would anyone want to deny any two people the right to be happy and the same rights as they do?


  1. I almost cried as I read the Prop 8 ruling. Not because I want to marry but because it was hope that my daughter will not be treated as second class citizens.

    I imagine it will send the conservatives into an uproar. But you have to ask at this point, who is it that they do not hate? So much hate and anger.

    Janice D.

  2. The right thing usually ends up prevailing in the end. I hope all those people who spent millions trying to stop the rights of marriage equality for all, are now seeing what a waste of money it was to use their money in such a way. This is a middle finger in the air to Mormons, the Catholic church and the POPE. To Sarah Palin and all the other christian lunatics, I say "You just lost." This is a major victory for civil rights and mankind.

  3. California always leads the nation down the evolved path. Thanks to the hard work of all those Americans gay & straight who became involved to fight PROP 8 and have it turned around. Congratulations!

    Republicans should follow the lead of one from their small list of intelligent and progressive leaders, Arnold Schwarzenegger!
    I commend the California Governor for his wise words.

    We must all work hard to defeat the vile Meg Whitman.

  4. Separation of church and state! Yes, this is a step in the right direction. This is a great day for humanity.

    Sarah Gilbert

  5. Proposition 8 Unconstitutional? You mean to tell me that Leviticus, was just the original fundamental Republican (emphasis on mental) who had not made it out of the closet (kinda like Ted Haggard)? Lets face it was not in the Ten Commandments or even addressed by Jesus the son of God, so are we surprised with this ruling, its about time.

  6. It is just wrong!!!

    God is clear in the Bible that it is an abomination.

  7. Abomination? You must follow Grissly Mom Palin.

    Palin would deport all non-Christians because the Bible tells her that "if you don't follow Jesus you are going to hell." She just wants to get you moving there quicker. Part of her pet project to restore our laws to be the same as those of the Ten Commandments and the Bible. She has decided that we can ignore the part of the Old Testament that calls shell-fish an abomination, because, "well you know, we love shell-fish up here in Alaska."

  8. Cindy and Meghan Mccain are brave and refreshing republican figures, to have come out from the dark shadow of John Mccain's social ideology and speak their own truth on this issue.

    They were kind and generous to use their celebrity to support marriage equality for all.

    Meghan Mccain is an impressive young woman.

  9. "It's just wrong" "God say's so"

    You fucking moron. There is no god. The bible is fiction. The bible does not even say such a thing. Show me where in the bible says this? I can show you where the bible says woman are second class citizens. Do
    you also believe this is true?

    How anyone can take passages from the bible as literal is just dumb. There is no excuse for such stupidity in modern times.

  10. This sounds like a well-written legal opinion. And I say this as someone who believes that homosexuality is sinful according to Christian orthodox teaching.

    But unless we're going to go back to stoning adulterers and prohibiting divorces or extramarital sex, I'm not sure why we're singling out one sexual sin over another.

  11. Exactly, so doesn't it just show how ridiculous the judgement from the bible is in the first place? It is all just mans rules on other men from a time long ago. How someone can pick and choose what they do and don't take seriously from the bible is just silly hypocrisy.

    "Christian Orthodox teachings", don't you mean the writings of a gay cult
    who were hiding who they are in the largest walk-in closet ever designed.

  12. Many years ago, what I got from the Holy Bible is that God gave us choice in the path we take. If you don't allow people to sin, then choice is removed, against God's will.