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

[pasadena jag]

Its not about gay or straight. Its about this country having to live under a lot of bible beaters who don't pay taxes to worship in this religious centers. Enough of the bible and all this mythical junk.

[ThunderintheDesert]

The floodgates have swung wide open now. Get ready for polygamy, child indoctrination in the school system and the threat of legal action against anyone who speaks negatively about homosexuality. This case was not about fairness or hate, but about curbing an aggressive homosexual ideology that will not stop until they are not only protected by federal law, but given a privileged status that surpasses affirmative action.

[voyager]

HOW CAN ONE MAN, A JUDGE, CHANGE THE WANTS AND DESIRES OF THE MAJORITY OF THE VOTERS OF CALIFORNIA? WE NEED TO IMPEACH THE JUDGE. NOW !

[Jason]

Fortunately, we don't live in a theocracy.

[way]

So why Vote . It doesn't matter if i vote or not , Prop * been over turn prove , That the people vote doesn';t count any more , The people do not run the country. It Sad Day For Us Vet who give our life for this country. Knowing that my Vote does not Count ..

[shaun]

To the person who wrote:

Men and women are God's design for marriage.

Everyone agrees with that after they die and meet God.

I have a question. How do you KNOW this have you spoke with someone who has died and met god?

No one tells you how to live your life DO NOT tell others how to live theirs!
There is only on judge and that's God, so chill and let my father do his job!

[Michael]

I don't feel like a second class citizen today! I pay 100% taxes I deserve 100% rights!

[Melissa]

Sanity, you are proving the exact point of why Prop 8 needed to be overturned! There is such a thing as Seperation of Church & State and you are ignoring that premise and are introducing your relgious beliefs into a governmental fight.
Marriage is not a religious union. It is a CIVIL union (hence having to apply for a license!) and will continue to be a Civil union so taxes can be applied. People get married in their churches because of their personal beliefs. Some get married in courthouses, some on beaches.
Just because YOU believe that marriage should be between a man and a woman because of "God's design" doesn't mean the GOVERNMENT (State or Federal) should agree. Always remember Seperation of CHURCH and STATE.

[Raven]

Wonderful news! Finally a step in the right direction for equal rights for all people. Love is love, period. I hope many more states see this stride for civil rights and follow suit.

[deartoni70]

And this is another reason conservatives want the 14th Amendment removed from the constitution.

[deartoni70]

And this is another reason conservatives want the 14th Amendment removed from the constitution.

[ra44mr2]

And how soon will all the gay people start to force THEIR will on random churches that wont go against the basic tenets of their respective religions?

[Nick Duretta]

Despite all the expected blather from people who think they know what "God" wants in regard to marriage, this decision is moral, right, and long overdue.

[W]

Is equality not a basic moral? We were throwing that one out during the last election.

[John Lipsey]

This ruling is a vindication of equal protection under the law, and supports the fundamental foundation in our constitution that the rights of the minority must be protected against the tyranny of the majority!

[Megan]

Follow in Jesus' footsteps and meet opposition with love. Treat everyone with equal love and understanding, even if you don't agree with them and their decisions, for God is the only true equalizer.

[Stefan]

For all those of you saying that this was the "will of the people", remember that the will of the people kept the black man enslaved for centuries, kept people of color as second class citizens and denied women the vote. All peoples are allowed freedom in this nation - not simply those who the majority happens to like.

[Jon]

Judge Walker made a good decision - both logical and Christian.

And Jill makes a good point, the bigots will spew their venom all over the place. Bad call latimes.com.

[Derek]

"They cited as rational a view that children fare best with both a father and a mother."

Explain children being raised in single-parent households then.

[Don]

What kind of democracy are we living in, if our vote means nothing?

[sash]

jill is right. they shouldn't have left the comments open. i'm so offended by the homophobia i'm witnessing on this feed. whatever happened to separation of church in state, or what that just rhetoric?

[Bwenda]

Imposing your religion to others is not right, If you are happy with your lifestyle of choice and are happy. Why not?
People will always have an opinion when it comes to everything. But also respect that. If everyone respects each other then the world would be a much better place. But I think for humans to be in this earth and evolve is nature. Not backtracking. WE as humans change, believed it or not. We evolve and maybe that's what people are more scared about is knowing the unknown?

[John]

Congrats on good ruling.

For those who want to bring their god into this, take it to your church. Many of us don't belief in your god and don't want to live in a state run by your religious rules.

> The issue with God is that his creation be used as it was designed.

No, the issue with God is that there isn't one.

> Those who disrespect nature will pay in hell.

funny, I've never seen any evidence of "hell". Let me know when you get there.

> Everyone agrees with that after they die and meet God.

Sure, sure. And you've met and talked to these folks too, right. I don't buy that crap. I think those voices in your head are your own delusions, and luckily for me I don't have them.

[Crystal H]

Ok gay bashers, we know over and over again that God is against Gay marriages..ok we heard you. When we reach the pearly gates it is our problem not yours. No more being pushy. We're not making you marry someone of the same sex so quit pushing us around.

[Jay]

I am so glad that this was overturned. People use religion to justify their hatred for others. I am glad that this judge was able to see Prop 8 for what it really was. UNCONSTITUTIONAL!!!!!