Judge strikes down Prop. 8, allows gay marriage in California [Updated]

A federal judge in San Francisco decided today that gays and lesbians have a constitutional right to marry, striking down Proposition 8, the voter approved ballot measure that banned same-sex unions.

U.S. District Chief Judge Vaughn R. Walker said Proposition 8, passed by voters in November 2008, violated the federal constitutional rights of gays and lesbians to marry the partners of their choice. His ruling is expected to be appealed to the U.S. 9th Circuit Court of Appeals and then up to the U.S. Supreme Court.

[Updated at 1:54 p.m.: "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."

Vaughn added: "Plaintiffs seek to have the state recognize their committed relationships, and plaintiffs’ relationships are consistent with the core of the history, tradition and practice of marriage in the United States.“

Ultimately, the judge concluded that 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 Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.”]

[Updated at 2:28 p.m.: Both Gov. Arnold Schwarzenegger and L.A. Mayor Antonio Villaraigosa praised the judge's decision. "Because a judge had the courage to stand up for the constitution of the United States, prop 8 has been overturned!" the mayor wrote on Twitter.

“This ruling marks a victory for loving, committed couples who want nothing more than the same rights and security as other families,” added Rea Carey, executive director of the National Gay and Lesbian Task Force, minutes after Walker’s ruling was released. “From the start, this has been about basic fairness.”

Austin R. Nimocks, senior legal counsel for the Alliance Defense Fund who fought to uphold Prop 8 in Walker’s court, vowed to appeal, saying “We’re obviously disappointed that the judge did not uphold the will of over 7 million Californians who made a decision in a free and fair democratic process.”]

Walker, an appointee of President George H.W. Bush, heard 16 witnesses summoned by opponents of Proposition 8 and two called by proponents during a 2½-week trial in January.

Walker’s historic ruling in Perry vs. Schwarzenegger relied heavily on the testimony he heard at trial. His ruling listed both factual findings and his conclusions about the law.

Voters approved the ban by a 52.3% margin six months after the California Supreme Court ruled that same-sex marriage was permitted under the state Constitution.

The state high court later upheld Proposition 8 as a valid amendment to the state Constitution.

An estimated 18,000 same-sex couples married in California during the months that it was legal, and the state continues to recognize those marriages.

The federal challenge was filed on behalf of a gay couple in Southern California and a lesbian couple in Berkeley. They are being represented by former Solicitor General Ted Olson, a conservative, and noted litigator David Boies, who squared off against Olson in Bush vs. Gore.

A Los Angeles-based group formed to fight Proposition 8 has been financing the litigation.

Gov. Arnold Schwarzenegger and Atty. Gen. Jerry Brown refused to defend Proposition 8, prodding the sponsors of the initiative to hire a legal team experienced in U.S. Supreme Court litigation.

Backers of Proposition 8 contended that the legal burden was on the challengers to prove there was no rational justification for voting for the measure. They cited as rational a view that children fare best with both a father and a mother.

But defense witnesses conceded in cross-examination that studies show children reared from birth by same-sex couples fared as well as those born to opposite-sex parents and that marriage would benefit the families of gays and lesbians.

-- Maura Dolan in San Francisco

Photo: Proposition 8 supporters Nadia Chayka and her fiance Luke Otterstad stand in between Proposition 8 opponents Billy Radford, right, and Ron Weaver, left, outside of the Philip Burton Federal building in San Francisco. Credit: Justin Sullivan / Getty Images

Comments

[Ted Farmer]

As the immortal Hank Williams sang:

"Just mind your own business
Mind your own business
If you mind your business, then you won't be minding mine"

[laura limon]

its time for people to stop being stuck on stupid.. i mean come on we are in 2010 .wat world do they live .ignorance is wat is call .its time to step out of the box people .wake up and smell the coffe .

[laura limon]

its about time that people open there eyes and look around .we are in 2010,i mean wat world do they ive in ,people step out of the box wake up and smell the coffe.

[dave]

was the judge gay? im really cynical about the judicial system for what judge is going to vote against what he believes in? or what judge has the power to control the vote, even over all the vote count of the population.

also, the haters are not the Christian and here is proof- salvation army, world vision, world concern, compassion international, canadian food for the hungry, project amazon, world missions far corners and many more take care of hungry and suffering people...now the real haters are cold hearted and wouldnt risk money or their life for the needs of another? truth is stranger the fiction..the truth seems to be that the ones calling our 'haters' are the cold ones and the ones we are to believe are 'haters' are the ones who still have feelings of compassion

judge right, or dont be a judge for there is a \high judge that will judge everyone for what they have done. Jesus is the true judge.

[Marty]

Thats it, we're going to hell
I'm out, lets go to Mexico

[Marty]

Thats it, we're going to hell
I'm out, lets go to Mexico

[im a gay man]

one cant deny that even straight men have feelings for other men either sexual or emotional.

[Jan Riley]

"Know ye not that the unrighteous shall not inherit the kingdom of God? Be not deceived; neither fornicators, nor idolaters, nor adulterers, nor effeminate, nor abusers of themselves with mankind." (1 Corinthiansd 6:1) Those who support gay marriage have a beef with God, not with those of us who simply take Him at His word. Have gay sex all you want, if you think you are exempt from what has been written. Just don't whine about the consequences...... which were clearly spelled out for you and all the rest of us......when He tells you His eternal laws applied to all of His children, equally. And quit whining that those who do believe Him, and have the integrity and courage to stand up for Him in this wicked generation, are hateful. You are basically telling God you are more loving than He is. The most infamous guy who tried that same, inept argument was cast out of Heaven before the world even began. tsk tsk.

[J T Riley]

To "imagayman"

If you actually think your "feelings" justify homosexuality (which is really no more than a kinky version of fornication), then I presume you would also not deny rights to pedophiles, those poor men who just cannot help their "feelings" for young boys and girls, eh? Or anyone else who may be consumed with a particular urge? See how ridiculous your argument is? God gives no special pass or divine exemption to same-sex fornicators. Outside of a marriage between a man and a woman ordained by God (REGARDLESS of what society legalizes or not) ALL sexual relationships are considered fornication.

[Amber]

yeahhhhhhhhhhhhhhhh!!!!!!!!

[Love is love]

People will always be ignorant to this issue. We are not a religious based government, people! Just because Christianity says it is wrong, doesn't mean everyone has the same belief. If they want to get married, then they shouldn't do it through the church. I don't see why it's such a big deal to you people. You do realize you are trying to restrict other citizens' freedom because of your own opinions? Get over yourselves. This won't effect you in the least bit.

[Tim]

Time to go marry some 5 year olds, if all people should be permitted to marry whom ever they want, I want to marry some kids! This proves to me that their is no point to voting and that things are beginning to go towards communism

[Gordo]

You don't get it..It's not about god or religion. It's about the increased dumbing down and laziness of the human race, especially our kids. This has been the governments plan for decades. unfortunately our children will pay for this in the end. Please wake up people.

[jcruz]

to brad d it wasnt that long ago that blacks werent allowed to sit in the front of a bus so do you think that blacks were allowed to marry white women i think not. so just as the women had to fight to get equal rights and so did the african americans so do the gays and lesbians. the united states gives us all the right to marry who we want why should it be different if someone wants to marry someone of the same sex. in what way does that affect anybody else other than those involved. do they take ur jobs away, or raise your property taxes, how about raise your insurance rates??? same sex marriage doesnt affect any of those things!!

[Jon]

I personaly think that prop 8 was a bill wich was built on hatred and fear. First of all, why would anyone want to prevent someone from getting married to the one person that they feel they cant live without, after all thats what straight people do and im sure they dont run it by god first. What people do with his or her life is between them and God. I strongly believe that those who are for this bill, are twisting the bible and useing it as a crutch. God said " Love Thy Neighbor and Love Thy Self". He mad those commandments in the NEWWWWWWWWWW testament. Those were the only commandments he left for us. If we were still bound under the same commandment/laws of the old testament, we all would have been stoned to death! Wake up people, Open your heart, Open your mind, most of all open your ears and listen to your brothers and sisters. If we only took the time to listen to our glbt brothers and sisters, we would understand them. The world will never change for the better until we as individuals work on ourselfs first before we go pointing out whats wrong with everybody else around us. " Let he who is without sin cast the first stone " This intire bill is basicly people casting stones and hiding their hands.

[Bill Gibbons]

There is nothing to celebrate here. Judicial activism has unsurped democracy. This is very bad news indeed and bodes ill for true democracy in the USA. Vaughn R. Walker has made himself an enemy of freedom.

[Angie C.]

First off, let me start by saying that you guys are ignorant for saying that the ruling was sickening. Just because gay rights and marriage isn't something that you believe in, doesn't mean that you have to try to stop everyone else from believing in it. Gays mind their business and live their own lives as well as you should do the same. Half of the homosexual community don't think about folks of the heterosexual community. So, therefore, you shouldn't worry about them. The judge made a pretty valid decision. Equal rights to all. As a black woman, I'm aware that we, as people of color, have been discriminated against enough already so I'm not going to discriminate against anyone else. I know what it feels like. It's not a good feeling. So, people, let's get it together. "With liberty and justice for all"

[Jazzmin]

Finally!!! Everyone shoul have equal rights. Love is love!!

[brebri]

hey im doing my project on gay marriage and i think that if your not gay you have no say!!

[James]

... those people saying this judge is arrogant or overturning the "will of the people" are incorrect... HE'S ONLY OVERTURNING THE WILL OF THE IDIOTS IN THIS STATE!!!

[Truth]

To the person who posted before me... IF there was only one truth, then we would know it. Our world is a wonderful place, and life is too, that much we would agree on. But what makes life and our world so wonderful, is that we have the ability to CHOOSE how to live it. There may be things that feel right or wrong to the general population (absolute truths you would call them). But as an engineer, and a Christian raised man, I will tell you that the only thing I have learned in my religious life, is that there is NO one truth. 'God' is not something WE as Christians may lay claim to. The entire concept of God is skewed beyond belief due to millennia of human error. There is no one truth because it is all true. Every religion (we can consider that the core religions for simplicity sake) has been created at some point, none of them are timeless, and only a uneducated fool would argue otherwise. In addition, history, both religious and not, show that all religions stem from others (ie, Christianity from Judaism). HUMANS have created religion, not God or any other deity. God may have inspired writings and actions and such, but remember that humans have error. So rather than following a human created religion, find your own. Because the only truly enlightened people in our world, are those that FOUNDED these religions. Religion came into existence, because someone decided to believe in their own views... you should do the same. Ignore human teaching, and find a higher one. Then maybe you will be more accepting to this world, and realize that life, and faith both will grow stronger in you and your world.

We all have a right to choose what we do with our lives, that is what Christianity is based on, that is what nearly all religions teach. So stop attempting to suppress peoples free will, and spend your time in reflection, searching for your self.

[Laurie]

To Nancy:

Homosexuals can have as much love for God as a straight person can. And last I checked who are we to judge them and say that God does not love them.

One would argue that "gays" are not monogamous....are we "straight" people monogamous??? We already have a high divorce rate without legal marriage for same-sex couples so who really gives a rat's petunia.

Yay for this Judge for stepping outside of the social norms and upholding what should be a no-brainer look at the constitution. Hat's off to this judge!