Federal judge to rule on whether gays and lesbians have a constitutional right to marry [Updated]

A federal judge in San Francisco will decide Wednesday whether gays and lesbians have a constitutional right to marry.

U.S. District Chief Judge Vaughn R. Walker, who presided over a trial earlier this year on the constitutionality of Proposition 8, will release his long-awaited ruling Wednesday on whether the 2008 ballot initiative violates the U.S. Constitution, a court spokeswoman said. [Updated, 5:50 p.m.: His ruling is expected to be released between 1 p.m. and 3 p.m.]

Walker, an appointee of President George H.W. Bush, heard myriad witnesses testify about the history of marriage, the nature of homosexuality and the degree of power gays and lesbians possess in the political system during the 2 1/2-week trial in January.

Most of the testimony favored marriage rights for homosexuals. Walker’s decision is expected to be appealed to the U.S. 9th Circuit Court of Appeals and then up to the U.S. Supreme Court.

A Los Angeles-based group funding the litigation hired former Solicitor General Ted Olson, a conservative, and noted litigator David Boies, who squared off against Olson in Bush vs. Gore, to represent two couples who are challenging Proposition 8.

The California Supreme Court ruled 4 to 3 that gays and lesbians were entitled to marry under the state Constitution in an historic ruling in May 2008. Voters passed Proposition 8 six months later, amending the state Constitution to ban same-sex marriage.

Walker will decide whether California’s ban on same-sex marriage violates equal protection and due process rights guaranteed by the U.S. Constitution.

-- Maura Dolan in San Francisco

Photo: Associated Press

Comments

[NoMarxist]

Marriage is a RELIGIOUS institution and cannot be regulated by man. Gays want the court to make their lifestyle "legitimate" by forcing the church to recognize a union which is clearly spelled out in the bible as being illegitimate. Man can rule that a union between persons of the same sex be recognized as equal to those of married couples as far as rights given by the government are concerned, but the government has no authority to redefine the religious institution of marriage. If this were truly about equal rights, the argument could easily be won by changing the "right to marry" to the "right to legal unions". If gays continue to push for the "right to marry" I would have to argue that their goal is more about corrupting the church than receiving equal rights from the government.

[Reality Check]

The only dictators here - are men in black robes.

The U.S. constitution does not allow five ( 5 ) men to amend the U.S. constitution.

Yet that is exactly what the crazies in this country are trying to achieve here.

Both the Constitution and the laws of California allow men of all sexual orientation to marry women.

A Free people will not long tolerate the over throw of our constitutional Republic by a dictatorship run by five men in black robes.

[Mick Dundee]

To all those folks decrying the fact that a single judge has so much power, I will remind you that a single judge made all the difference in the 5-4 decision to select george W. Bush as the 43rd POTUS, an action that has, and will continue to have, far reaching and damaging consequences for our society and the world in general. No one has ever died as a result of a gay marriage.

[Juan Valdez]

You can keep lying to yourselves that homosexuality is normal, giving money to your therapist to affirm your sexual deviance, but it simply is not biologically correct.

[tomcatPS]

How about all us gays get together and pass a proposition that would ban straight people from getting divorced. That certainly would help preserve the 'sanctity of marriage'. I just don't get why all these people feel the need to be so exclusionary and hateful. It's just not right.

[Mary Branning]

Religious people you need to stop trying to legislate your beliefs on society. Your "Constitutional" arguments are nonsensical whitewash. Leave your bigotry in your churches. Rational people unite against religious bigotry.

[upeepsliketofightalot]

Resse said "Since the beginning of time, marriage has been between a man and a woman,"

Resse, what exactly is your point? Since the beginning of time there has been slavery as well, does that make slavery OK?

[Joe]

Sorry conservatives, the future is coming. You should really learn to accept it, because in 20 years you're going to look like the people who fought desegregation.

In hindsight, the people who fought desegregation were clairvoyant. But hey, don't let reality influence your thinking, America was built by dreamers. Sadly, dreamers like you are determined to build an outhouse where once there was a palace.

[Miles Monroe]

If I'm correct in what I heard on the wire the Judge is gay. Not that I care because its none of my business but it is an interesting ironic twist that a gay judge appointed by a Republican president will be ruling on the issue.

[richtfan]

it's Adam and Eve, not Adam and Steve

[acorlando]

To those who advocate that marriage is a religious construct, please take a listen at the next wedding you go to. "By the power vested in me by the State of California..."

Marriage is a secular contract. The pastor/priest/rabbi signs a LEGAL document witnessing a ceremony that the State allows him to officiate over.

Further, for those who would argue that civil unions are enough, please educate yourself to the 1100+ federal laws and tax statues that do not equate civil unions with marriage and you will better understand why gay people are demanding equality.

[Dano]

To Brian.. That's not a valid reason under the law. Try again.

[PeltFrelken]

@Carlo: It's actually the opposite. Marriage is a piece of paper issued by the County & has nothing to do w/ religion. Just cut a check, sign on the dotted line & find a witness. (Unromantic, but true)

[Dave]

Marriage as recognized by the state is a contract between two consenting adults and deals with property rights. I see no reason for anyone to feel threatened by this. It's not a "gay rights" issue, its a property rights issue. If a particular church doesn't want to sanction or recognize same-sex marriages, that's its prerogative and a First Amendment right. That's different than the government, however, which is Constitutionally-bound to provide "equal protection" to all citizens -- not just ones engaging in behavior with which you approve.

"Law is often but the tyrant's will, and always so when it violates the right of an individual." -- Thomas Jefferson

[ANON]

WHAT THE BIBLE SAYS ABOUT HOMOSEXUALITY?

1. Leviticus 18:22
“Do not practice homosexuality, having sex with another man as with a woman. It is a detestable sin.
Leviticus 18:21-23 (in Context) Leviticus 18 (Whole Chapter)
2. Leviticus 20:13
“If a man practices homosexuality, having sex with another man as with a woman, both men have committed a detestable act. They must both be put to death, for they are guilty of a capital offense.
Leviticus 20:12-14 (in Context) Leviticus 20 (Whole Chapter)
3. 1 Corinthians 6:9
Don’t you realize that those who do wrong will not inherit the Kingdom of God? Don’t fool yourselves. Those who indulge in sexual sin, or who worship idols, or commit adultery, or are male prostitutes, or practice homosexuality,
1 Corinthians 6:8-10 (in Context) 1 Corinthians 6 (Whole Chapter)
4. 1 Timothy 1:10
The law is for people who are sexually immoral, or who practice homosexuality, or are slave traders, liars, promise breakers, or who do anything else that contradicts the wholesome teaching
1 Timothy 1:9-11 (in Context) 1 Timothy 1 (Whole Chapter)
5. 1 Timothy 1:10
for the sexually immoral, for those practicing homosexuality, for slave traders and liars and perjurers. And it is for whatever else is contrary to the sound doctrine
1 Timothy 1:9-11 (in Context) 1 Timothy 1 (Whole Chapter)
6. SODOMITES » A proverbial term of reproach applied to those who practiced sodomy (ritual homosexuality) (Deuteronomy 23:17; 1 Kings 14:24;15:12;22:46; 2 Kings 23:7; Job)
7. WOMEN » Guilty of sodomy (2 Kings 23:7; Romans 1:26)
8. ABOMINATION » Things that are, to God » Sodomy (Leviticus 18:22,23)

[Andy]

a REAL preacher would refuse to wed two homosexuals. Apparently none of you that are complaining are religious people. Read the Bible and listen to what it states about homosexuality and then Your views should change to the RIGHT beliefs....."Biblical correct not politically correct"

[Hedley Lamar]

If the states have no say in setting the requirements for a religious ceremony, what do they have rights to decide for themselves? If a judge can set these standards unilaterally, will he next compel pastors to perform gay marriage ceremonies against their beliefs?

[Nietszche]

The Christian resolution to find the world ugly and bad has made the world ugly and bad.

[Tom Leonard]

After reading many of these comments (some of them pretty ridiculous) I couldn't help but think, "wouldn't it be nice to live in a world where there is no prejudice and everyone was treated equal". Unfortunately, we live in a world that judges others be it color, race, sexual orientation, all the way down to appearances. Example: an unattractive overweight person that is made fun of and the butt of jokes. Where does it end?

[Terry Snyder]

I am a 20-year California resident, I came here to escape the conservatism of Ohio and live my life openly. For a short time in 2008, I had the right to marry. During that time, no one's marriage became less because I gained the right. However, and make no mistake about it, a right I had to marry the person I love, was taken away by others who had the right to marry the person they love. At that point, the "well-meaning, traditional" no on 8 folks made me a second-class citizen. I know reconciling your faith and your 'traditions" is not easy, it was so hard for this country to think of slaves as free that we had to had a civil war. It was so hard to think of women as equals that it took till the 20th(!) century for them to get the vote. And it took till the 60's to figure out that interracial marriage wasn't a sign of the apocalypse. If you want government out of it, then remove all the secular and legal benefits of marriage with as much fervor as you work to deny gay people the right to marry. Make marriage like a bar mitzvah or confirmation, you only have it when you're in that faith. Or work to ban divorce with as much gusto as you cry out against same sex marriage. Make no mistake ANYTHING less than that same initiative, proves your hypocrisy, your bigotry, and your disbelief in the separation of church and state!

[scully]

If the federal government can grant asylum to gays and lesbians based on the individual belonging to a "class" why can't they get married?

[Hedley Lamar]

The only way to stop liberals from these intrusions is to shut down the economy by stopping purchases of all non-essentials. Then maybe the cretins will crawl back into their holes and leave the working taxpayers alone.

[Disgusted]

It sort of "figures"--doesn't it--that some nutcase judge in California would presume to DECIDE FOR OUR ENTIRE NATION that homosexuality is OK and homosexuals deserve to be treated as "normal"--and to hell with the NONDEVIANTS of America!!!

This will obviously go to the Supreme Court, as someone earlier said, and given the PERVERSE makeup of the Supremes, our beloved nation will most likely go down the gutter, thanks to a bunch of perverts.

[scully]

@Brian_Boru

I totally see your point.

Connecticut, Iowa, Massachusetts, New Hampshire, Vermont, and Washington, D.C

These states have ceased to function because they allowed gays and lesbians to marry. Did you see the one where the owner married his dog?

wake up people...seriously

[Oliver Wendell Holmes]

Still not one mention in the media that Vaughn Walker is an open homosexual who regularly cruises the Castro.

Imagine the howling if Pat Roberston were preciding?

Lord, our media so corrupt.

Lord, our judiciary is so corrupt.

Lord, our government is so coruppt.