Federal Judge Declares Prop 8 an Unconstitutional Violation of Equal Protection and Due Process Rights


Fantastic. While I myself am not gay, I applaud the efforts undertaken to help end this bigoted law.
One walloping step forward.
Far out, man. Far-fucking-out.
"judical activism" reprezent!
So, does this mean the same-sex couples can now get married again in CA?
Hell Yes.
@6: I haven't seen any info on the stay the Prop 8 side has asked for. If Judge Vaughn Walker doesn't grant the stay, then yes, same-sex couples should be able to get married pretty much immediately.
Chills running up and down my spine. Eat that, haters!
I like the dramatic "IT IS SO ORDERED" at the end...makes it seem nice and final.
Suck it, Mormons.
Constitution FTW
w00t! A win for my rights not being subject to popular vote!
yay minority rights!
I am so HAPPY!! I wish I were somewhere I could celebrate with others in person, but I send my barbaric YAWP from the back of beyond.
Well shit. Now that opposite marriages have been dissolved by law and everybody is required to turn gay, how much time have they designated for me to dump my girlfriend and find a dude to marry? I need to make sure I do not get stuck with some fat teabagging loser for a husband.
Now get ready for the GOP to use this to scare up votes in November. When we're done popping our champagne corks, can we get to work holding onto the majorities we need in Congress to pass other LGBT laws as well as confirm pro-LGBT judges?

In related news, newsweek is suggesting that perhaps some of the no on 8 votes meant to be yes and yes votes meant to be no:

I'm doing the most embarrassing happy chair-dance right now. Thank you, Judge Walker!
But in all seriousness, this is a brilliant step in the right direction.
A win for America. REAL America.
Yay! If I didn't have to work I'd be celebrating with a drink. Congrats California!
Hatred and bigotry have no place in the United States justice system.

Hurray for near-legal equality!
Loveschild, this one's for you!
The SHSD community congratulates the LGBT community for a well deserved victory.
Where are we celebrating tonight?
This was really no surprise considering where this ruling is coming from but still it's reflective of how an activist judge disregards the will of the people.

This is a state issue that the people of California have decided more than once thru the voting process. The game it's rigged and the people's vote are being rendered meningless by judges like this one. So if the people say no on a political issue then all the lobbies need to do is just run to the courts to invalidate them ? to Hell with the people then. An unlected person who's not accountable to the people will get to overrule them everytime. This is going to the nine circuit now and we know how they rule, so ultimately this is heading to the Supreme Court. Meanwhile the 7 MILLION VOTERS WHO SPOKE thru the legal and peaceful process that our nation demands have to be respected.
IT IS SO ORDERED is so bad-ass. It's like the SO SAY WE ALL of legalese.
Oh, and that image will be my new desktop picture just as soon as I add a nice gay rainbow gradient fill.

In tasteful pastels, of course.
LC - Read the ruling. What part did you not understand?
@29: Be sure to cut yourself extra special tonight, LC.
@25: Comment win!
Yay, no voting on our human rights!
When I first started fighting for equality, I never thought civil marriage would be something I would be fighting for. Now, I cannot / will not imagine a life without that option.
So how many gay marriages does it take to start the apocalypse. Does it specify a certain number or percentage in the bible?
@34, Telsa, you often irritate me, but that is your comment of the month!
Happy dance!!!!
Put this in the "WIN" column for those who believe in humanity.
thumbs up
i feel like all news should show up below this for the rest of the day

yay again!

Fuck you, Loveschild.
In other words: best case scenario for gay rights.

See, I'm not entirely sure that's true. Not because this decision wasn't absolutely correct, but because, if Boies and Olson had lost, they would be the ones in charge of the appeal. Now the (inevitable) appeal is in the other side's hands, which makes me a bit antsy.

That being said, the fact that the plaintiffs won at the district court level means that there's an enjoinment order in place - meaning that gay people can start getting married now, rather than stew while the appeal goes through.

So, okay, net win. Still antsy about the appeal.
If you want to see a real reaction of Tea-Party Activists.

Theres Freerepublic.com

A great win for freedom.

Bonus is how all the hater's money was wasted instead of being used to cause other problems.
Here's the ruling for those wanting to read it on a phone that can't handle a PDF:

oh wait, they can
@29 LOVESCHILD !!!... girl..where you been all this time ?...
Posting this link on facebook with the comment "no, really?"
I'm glad that this decision has finally been made.. but what the fuck took us so long? This is a pretty glaringly obvious statement (prop 8 is a violation of human rights) that should've been realized years ago. BUT, this is a good thing..
I'll drink to the gays tonight.
@29 You fail to understand America's greatness. You are blinded by your ignorance.
@39: Glad I could assist.
anydangways... can the rest of us meet up at cal anderson and frolic and celebrate shit.. say ummm how does six work for everybody ?
Oh yes. From p. 135:

"The arguments surrounding Proposition 8 raise a question
similar to that addressed in Lawrence, when the Court asked whether a majority of citizens could use the power of the state to enforce “profound and deep convictions accepted as ethical and moral principles” through the criminal code. 539 US at 571. The question here is whether California voters can enforce those same principles through regulation of marriage licenses. They cannot."

Yes! Cal Anderson! Frolicking!
Yes Loveschild, this is a states rights issue- just like slavery... right?
@46: That's what she said. Appellate decisions can be the greatest heartbreakers and soulcrushers of all. I have watched lives virtually get destroyed by human rights rulings that were reversed after a unanimous lower court rulings in their favour. It is not a kind thing to see.

Also, appellate rulings, if left to stand, become case law. That's a key way in how they vary from lower (district) court rulings like this one.

Nevertheless, today was a good day.

Any idea if this means those couples who got married in the window in Cali now have full legal rights?
Loveschild, Judges don't have to bow down to the will of the people. That is the whole point of the Judicial system.
Beautiful. My eyes are welling up. Vaughn Walker, you are a real human being.
I am soooooooooo happy. Love that!
Oh and Loveschild? How would you have liked it if the Southern states had been permitted to overturn Brown v Board by popular vote? Because if it had been put to a vote, they would have.
So, I can get married when I'm in San Francisco later this month?

Say what you will but Vaughn's decision will not be the final ruling by no means. He has reopened a wound, he's just another judge that has disrespected the people of California once again, that's all hes done. The appeal will go ahead and the people's vote will note be rendered null.

So much of the news makes me despair - the right wing reaction to the mosque in New York, the Arizona immigration mess, just all the horrible ignorance and intolerance and hatred and venom that have become the rule rather than the exception - it makes me SO HAPPY to see someone do the right thing.
...I told myself I wouldn't cry. Well, folks, we have a long road ahead, but this is a great start!

As a Kal-E-for-nia gurl, we love you Judge Walker.

Suck it all night haters, until your lips are too chapped to lick! But especially you, oh no so loving hateful one. muwah
@ 59 - Which is exactly why an appeal is so risky. I can easily see Boies and Olson getting a really great panel on the (enormous) 9th Circuit, or getting a really awful one. It's a toss up.

Of course, I honestly think the case is going to be reheard en banc after the first appeal comes down. So...who knows.
Loveschild, are you even from California? I have lived here for almost twenty years, and I know of others who have lived here longer. But we all agree on one thing.


It is not the job of the American public to interpret the Constitution. That is the job of the Judicial branch.

The Judicial branch, overturning a vote by the majority of voters, DID THEIR JOB by correctly interpreting the Constitution and declaring Prop 8 unconstitutional.

This is not only a win for marriage equality and gay rights. This is a win for the United States Constitution.
"Click to enlarge"??? I can see it fine, I'm not that old, dammit!

LC, "disrespected the people of California"... does that mean you don't see the LGBT community as people?

In reality, he's granted basic human rights to the PEOPLE of California. Are your uber-hetero God-loving friends in Cali now unable to do anything they could do before? Umm.. no.

They're called EQUAL rights for a reason. EQUAL FOR ALL PEOPLE, not just the people whose lives YOU dub to be "right".



Your euphoria will only heighten our glee when the Supremes reverse this ruling.
Thank God we live in a republic with a bill of individual rights and not a democracy. The majority rules EXCEPT when the majority passes laws that trample on the God given rights of every American. Here's hoping the Roberts court will stick to the legal issue of granting equal protection under the law rather than rule from their "moral" position--but I wouldn't count on it.
@47 the hatred displayed in the comments on those links is heartbreaking. And I can imagine the dialogue surrounding this ruling is only going to become more venomous as the religious right, teapartiers, and so forth scream until they're blue in the face. How awful it is that what should be a joyous occasion for the supporters of civil right, love, and families is going to be co-opted by ignorant hate.
Cower behind your legal-ese all you like, LC.

But you are very, very wrong when you lay the blame on the judge for "re-opening a wound." The wound has been kept open, bleeding, infected & horribly, horribly painful by the Xtians like yourself who like to persecute others. Prop 8 itself was a lengthy gesture in keeping that wound open. Judge Vaughn's ruling (who was appointed by republicans, btw) is an effort in healing that wound.

Your right to hate others is secure. What will not be tolerated is your goal to maintain the institution of that hate in the court of law. Your attitude may be victorious for a day, a year, a generation, but it will always lose as humanity evolves away from it.
loveschild, you have such a misleading name.
This morning CNN had Tony AND Gary (of "Tony and Gary hare having a baby!" fame, for you loyal sloggers who have been inexplicably shielded from the biggest story in Queerdom of the past six months....) on commenting on the Prop 8 decision.

Has America found new Gay Dad Spokesmodels???
That is a pretty tight ruling. I do not see much for an appeal, unless some activist judge decides to change the constitution, which, sadly, has been happening a lot lately.

And LC, go fuck yourself!
happy birthday mr. president!
@70 should be "oh not so loving hateful one
A little negative note:
The court also approved a stay on the ruling pending that appeal, meaning same-sex couples in California can't get their marriage licenses quite yet.
Sorry everyone for engaging Loveschild, but this needs to be asked: Can you think of any other examples in American history whereby enforcing a simple constitutional concept went directly against popular will of a state's constituency? If so, was the outcome positive or negative, in your opinion?

There's probably an internet-arguing law against what I just did, but I'm not able to help myself.
@85, yes...a friend of mine in law school just posted this: "So, Judge Walker has granted the motion for a temporary stay to allow 2 days for briefing on a stay pending appeal. That's the right thing to do. The decision is just one step in a process that will inevitably lead to a cert petition. The findings of fact are going to be tough for Prop 8 supporters to overcome on appeal, though."
Basically, they were granted 2 days stay, but it is doubtful it will go anywhere with it.
@73 Wrong you're Urgutha, the people have clearly spoken on this issue more than once and it is clear to them that marriage is between one man and one woman. No gays nor lesbians are being denied the right to marry, but just like you don't go undressed to a job that has a dress code but you present yourself to your job in accordance with their dress code, there are societal institutions that are open to us all but have rules that we ALL need to observe. We're a nation of rules, and even gays need to observe them just like the rest of us.

No matter Vaughn's disrespect to the people of California today, the appeal will go ahead God willing and the people's vote will not be rendered null.

Hey Loveschild, if the SCOTUS renders Prop 8 dead per their authority under EVERY SINGLE PIECE OF CONSTITUTIONAL LAW GOING BACK TO THE 1770s...

...are you going to put the law of the land above all else?
Regarding the state's interest:

Governor Schwarzenegger Issues Statement on Proposition 8 Ruling

Governor Arnold Schwarzenegger today issued the following statement after U.S. District Judge Vaughn Walker issued a ruling invalidating Proposition 8:

“Judge Walker had the great responsibility of deciding whether Proposition 8 violates the Constitution of the United States. He heard in-depth arguments from both sides on fundamental questions of due process, equal protection and freedom from discrimination. There are strong feelings on both sides of this issue, and I am glad that all viewpoints were respected throughout the proceedings. We should also recognize that there will continue to be different points of view in the wake of this decision.

“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. 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.

“Today's decision is by no means California's first milestone, nor our last, on America's road to equality and freedom for all people.”
Yay! Congrats to everyone in Cali, finally some common sense has won the day. Hopefully we can take after California and have gay marriage legal right here in Washington.
A strong decision that is buffeted well along the lines of Loving v. Virginia & Romer v. Evans.

@89: "Wrong you're Urgutha,"
He never said he wasn't Urgutha. You seem to have some trouble with English, you inane cuntwhorebitch. Also, you keep acting like Prop 8 was The People's Ordained Will. You realize that it only passed because the right-wing wackos did a better job of getting their people out to vote, right? Polls in October and September generally showed that Prop 8's opponents were more numerous.
However, this is all moot anyway, as civil rights are not subject to the opinions of the majority.
i like how LC completely ignored the comment about brown v board being put to a vote...its really easy to argue your point when you just completely ignore valid arguments against it.

@92 Thanks for posting that BC. It's good to see our leaders being positive about our community every once in a while.
ZOMG: LOOK AT THIS LINK OF FOX NEWS!!!! Read the poll and try not to laugh. go ahead, try!


@98: No shit it's not a scientific poll. If it was scientific, it would be elitist and librul.
I'd like to revise my statement @88...i don't want to jinx it by saying it is a certain thing; my friend elaborated:

"It's an order staying the decision and allowing for time to brief and decide whether or not to stay the decision until the 9th Cir. makes its ruling. They will get an appeal, since it's an appeal of right, but the findings of fact get a great deal of deference on appeal and will be tough to overcome at the 9th Cir."

So, it could be longer than we hoped to take effect, but it is a step in the right direction, and as he said, the findings of fact will be difficult for Prop 8 Supporters to overcome in the 9th circuit.