Proposition 8 Ruled Unconstitutional by a Fed. Judge

[Eilonnwy]

A federal judge in California on Wednesday struck down the state's ban on same-sex marriage, ruling that voter-approved Proposition 8 violates the U.S. Constitution -- handing supporters of gay rights a major victory in a case that both sides say is sure to wind up before the U.S. Supreme Court.

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

At stake in the trial was whether California's ban on same-sex marriage violates gay couples' rights to equal protection and due process, as protected by the U.S. Constitution.

The high-profile case is being watched closely by both supporters and opponents of same-sex marriage, as many say it is destined to make its way to the U.S. Supreme Court. If it does, the case could result in a landmark decision on whether people in the United States are allowed to marry people of the same sex.

Source: http://www.cnn.com/2010/US/08/04/califor...tml?hpt=T1

I am more than ecstatic at this decision and was nearly in tears when I heard some of what the judge had to say about marriage.

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.

Source: http://articles.latimes.com/2010/aug/04/...s-20100805

There's a good chance Prop 8 will make it to the Supreme Court and if they make a decision like Judge Walker, denying same sex marriage could be ruled unconstitutional across all 50 states. That's certainly something I dearly wish for. I just have no idea how the Supreme Court would vote, it's a very divided one.

[Meatball]

Damn, I JUST finished typing a reply to the years-old Prop 8 thread:

BUMP

The decision is great:

"Marriage in the United States has always been a civil matter. Civil authorities may permit religious leaders to solemnize marriages but not to determine who may enter or leave a civil marriage. Religious leaders may determine independently whether to recognize a civil marriage or divorce but that recognition or lack thereof has no effect on the relationship under state law."

and also:

"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."

This kind of thing gves me hope that the legislative process in places like California isn't entirely broken, and that rationality sometimes does win. Think of all the money wasted by the Mormons promoting Prop 8. Now imagine they appeal this decision and it goes up to the SCOTUS and is struck down federally, in essence legalizing gay marriage nation-wide.

[Eilonnwy]

D: Meatball you should know better! No necroposting! Better to just make a new thread if it's been months since the last reply, even if they're similar topics.

Anyway, thanks for posting that link. It has a PDF of the decision which I want to read at some point.

[Tiberius]

A great victory for civil rights. As much against state intervention of marriage as I am, if the state is going to affirm marriage at all, it must do it between all consenting individuals.

[Minimalist]

Any decision which pisses off mormons is a good thing.

[Spencer]

I just hope this means we can finally progress towards marriage for all, one day surely right? Keep fighting the good fight, fist pump, power to the people.

[Minimalist]

Don't expect the bible-thumpers to give up without a fight.

Remember, they have 4 class-A shitheads on the Supreme Court as a voting bloc. They only need one more.

[Eilonnwy]

*nods* Kagan will be in there by the time this gets there, and I can't be sure if she'll be a liberal leaning judge. If she is, it will likely come down to Anthony Kennedy.

Edit: Listening to Rachel maddow and apparently Judge Walker quoted Kennedy in his judgment and Anthony Kennedy has historical voted for gay people. So I can see a Supreme court decision going 5-4, with Kennedy, Sotomayor, Breyers, Ginsberg, and Kagan voting for gay marriage, which would effectively have implications for federal marriage.

[Paul the Human]

This is wonderful news! I hope the rest of the country follows suit.

[TheDarkestOfAngels]

There's a good chance Prop 8 will make it to the Supreme Court and if they make a decision like Judge Walker, denying same sex marriage could be ruled unconstitutional across all 50 states. That's certainly something I dearly wish for. I just have no idea how the Supreme Court would vote, it's a very divided one.

This is a wonderful win for civil rights everywhere. No longer will another group of people be treated as though they are less than people for being who they are, at least in this one respect if nothing else.

Truely a monumentous decision. I'm confident that the supreme court will vote in this manner as well, I just hope they don't prove me wrong.