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Wednesday, August 04, 2010
Judge strikes down ban on same-sex marriage
U.S. District Judge Vaughn Walker found that the ban on same-sex marriage violated the constitutional due process and equal protection rights of a pair of couples - one lesbian and one gay - who sued.
The judge ordered an injunction against enforcement of Prop. 8 but issued a temporary stay until he decides whether to suspend his ruling while it is being appealed. The stay means that same-sex couples are still prohibited from marrying.
"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license," Walker wrote in a 136-page ruling.
He said the ballot measure "prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis."
The constitutional right to marry, Walker said, "protects an individual's choice of marital partner regardless of gender." He also said domestic partnerships in California, available to same-sex couples, are a "substitute and inferior institution" that lack the social meaning and cultural status of marriage.
Gov. Schwarzenegger issued a statement saying, "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."
Prop. 8's sponsors are planning an immediate appeal.
"In America, we should respect and uphold the right of a free people to make policy choices through the democratic process," said Brian Raum, an attorney for the Alliance Defense Fund who was part of the legal team defending Prop. 8.
Prop. 8 was approved by 52 percent of voters in November 2008. It amended the California Constitution to prohibit same-sex marriage, overturning a May 2008 state Supreme Court ruling that extended marital rights to gays and lesbians.
The state court upheld the initiative last May, but left in place the same-sex marriages performed in the state before Prop. 8 passed.
Walker presided over a nonjury trial in January, the first ever held in a federal court on the issue. The plaintiffs, two gay men from Burbank and two lesbians from Berkeley, testified that their hopes to be married were thwarted by the voters.
Walker's ruling is certain to be appealed to the Ninth U.S. Circuit Court of Appeals in San Francisco. The case could reach the U.S. Supreme Court in 2011 or 2012.
A group that supports same-sex marriage is planning a march from the Castro district to City Hall, starting at 5 p.m., followed by a rally from 6:45 to 8 p.m.
Outside the U.S. District Court, dozens of people - most supporters of same-sex marriage - gathered long before ruling was announced. They carried American flags, played Bob Marley's "Get Up, Stand Up" and exchanged hugs.
A smaller group of supporters of Prop. 8 also stood outside the courthouse, carrying signs that read "Marriage = man and woman" and "Recriminalize sodomy."
NOH8 Campaign - BREAKING NEWS: JUDGE RULES PROP 8 UNCONSTITUTIONAL
Begin forwarded message:
From: info@noh8campaign.com
Date: August 4, 2010 14:06:36 PDT
Subject: NOH8 Campaign - BREAKING NEWS: JUDGE RULES PROP 8 UNCONSTITUTIONAL
After many long months, the landmark Prop 8 Trial has finally come to an end. The NOH8 Campaign has learned that Chief Judge Vaughn R Walker has formally released his ruling in Perry vs. Schwarzenegger, which challenged the constitutionality of Proposition 8. Numerous news sources have confirmed, including CNN, that Judge Walker has ruled Proposition 8 unconstitutional and in violation of the protection clause of the 14th Amendment. Chief Judge Vaughn R Walker's Ruling on the Federal Prop 8 Case via Website
Prop 8 Supporters are expected to file an appeal to the judge's ruling, which would bring the case to the US Supreme Court.
As most of you are already aware, the NOH8 Campaign was inspired by the passage of Proposition 8 back in November of 2008. Everyday supporters have taken a simple grassroots idea that began late one night after an emotional protest and propelled it into something much bigger than we ever imagined. The basic message of "no hate" speaks to so many people, and we've been fortunate enough to receive support from countries all over the world in our short time as an organization. Even though it was inspired by a terrible injustice, the positivity it has brought to our lives is undeniable.
Prop 8 transformed thousands of people into activists that may have never thought about getting involved before, and we were among them. There are so many ways to make your voice heard and to speak out for what you believe in, and we're honored to share our simple method of taking photos to make a difference. Prop 8 has done a lot of damage, but it has also succeeded in uniting the community like never before.
It's important to remember that no matt what the outcome of this trial could have been, every fight for equality brings us that much closer to making it a reality. Win or lose, bringing this issue to the courts and refusing to accept the loss of our rights quietly is progress. Harvey Milk famously fought for the chance to change his neighborhood and lost for many years in a row before his persistence paid off and he won the historic election that made him the first openly gay politician elected to office in the United States. Harvey Milk was one man. Imagine what we could accomplish if we focused all our efforts together.
Today's victory is just a small example of our potential. The community was returned the rights that were unfairly stripped away from them by Prop 8, and that is truly something to appreciate. Though we have a lot to celebrate and be thankful for, it's important to remember that our work is far from over. The NOH8 Campaign will continue to spread its message of equality and anti-discrimination wherever it can, bringing NOH8 to as many states as we can in order to make a change – and we need your help. We're bringing NOH8 to Hawaii for example, planning to help register voters in an environment where civil unions were recently vetoed by the governor so that our supporters can make their voices heard in their local elections this fall.
What we as a community need to do now is what we did when Proposition 8 passed in the first place. We need to keep the issue alive and make ourselves known. We need to band together in a fundamental way that we haven't before. We need to continue to work together to advance our inevitable goal of full equality across the board no matter what.
Join TEAM NOH8 in continuing the fight and celebrating this historic victory TONIGHT @ 6PM in West Hollywood Park. Make sure to wear your white shirts and find a volunteer when you arrive for your NOH8 tattoo. Many of you marched with us at LA Pride, and we need your help tonight to represent everybody still fighting for their rights all over the world.
Thank all of you for your support, and we're looking forward to seeing you at the rally!
The NOH8 Campaign is an official tax-exempt 501(c)(3) non-profit organization.
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