Judge Declares Proposition 8 Unconstitutional
In a 136-page ruling, Judge Vaughn Walker has declared Proposition 8, the measure banning same-sex marriage in California, unconstitutional under both the due-process and equal-protection clauses.
Says the ruling's conclusion:
"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."
And its remedies:
"Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8. California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same- sex couples and has not suffered any demonstrated harm as a result, see FF 64-66; moreover, California officials have chosen not to defend Proposition 8 in these proceedings."
“Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8.”
Read the ruling below. We'll have further analysis soon...




A very sad day. It's so difficult to protect my children as it is from immorality, this just shows how modern people are shunning traditional values for their own pleasures just so they can feel better about themselves whether right or wrong.
Posted by: blackdays | Aug 4, 2010 7:40:37 PM
@blackdays: it must be pretty difficult being a parent nowadays. have you thought about relocating to iran?
Posted by: shenanay | Aug 4, 2010 7:48:47 PM
Proposition 8 Unconstitutional? You mean to tell me that Leviticus, was just the original fundamental Republican (emphasis on mental) who had not made it out of the closet (kinda like Ted Haggard)? Lets face it was not in the Ten Commandments or even addressed by Jesus the son of God, so are we surprised with this ruling, its about time.
Posted by: Linda | Aug 4, 2010 8:41:09 PM
Leviticus 20:13 If a man also lie with mankind, as he lieth with a woman, both of them have committed an abomination: they shall surely be put to death; their blood shall be upon them.
Seems like our nation is turning back into a Sodom and Gomorrah... hmmm, I wonder how long God will wait to destroy us?
Posted by: Chris | Aug 4, 2010 8:43:03 PM
Proposition 8 Unconstitutional? You mean to tell me that Leviticus, was just the original fundamental Republican (emphasis on mental) who had not made it out of the closet (kinda like Ted Haggard)? Lets face it was not in the Ten Commandments or even addressed by Jesus the son of God, so are we surprised with this ruling, its about time.
Posted by: Linda | Aug 4, 2010 8:51:27 PM
@Chris, you silly fool
It also says in Leviticus that its an abomination to mix fabrics and eat shellfish. How are those cotton/wool blended sweaters I'm sure you wear in the winter? Or the shrimp and lobster you may eat?
Posted by: Brian in Texas | Aug 4, 2010 9:14:05 PM
I have absolutely nothing against gay people, and I am completely ok with people being gay. But I don't think it is ok for gay people to get married. God created marriage as a sacred covenant between man and woman. Now yes I know I'll probably get slammed and bashed for commenting this on here, and I'm sorry if I hurt your feelings, or made you upset. Just sharing my feelings.
Posted by: James | Aug 4, 2010 9:24:47 PM
What if you believe there is NO God James?
Posted by: yeahisaidit | Aug 4, 2010 9:34:45 PM
Oh James. No on gives 2 shits what you think. Go share on one of your hate sites dumb dumb.
Posted by: wtf | Aug 4, 2010 10:03:53 PM
Step one complete. Next stop 9th District court. And then FINALLY the Supreme Court where we will be heard once and for all. This is a good day not only for all gay Americans but any American who has been on the front lines fighting for equal rights for all.
I was driving when I heard the news and I swear I almost wrecked from all the bouncing up and down, screaming and yelling in unparallelled joy, and fighting back the tears of victory. I am so proud to be an American today.
Posted by: Stephen | Aug 4, 2010 10:33:43 PM
Finally!
This needs to be dealt with at the FEDERAL level in the US. Take this out of the individual states' hands and force the issue nationally once and for all.
We've had the right to marry here in Canada for the past 5 years. Still waiting for the fire and brimstone...
Posted by: Chris | Aug 4, 2010 11:18:41 PM
I ask ALL LGBT folks..gay, lesbian, transgender, bisexual, bi curious, and closeted to get active...get vocal...get support. Please don't just wishful think and hope for change and progress to happen, create it in your own surroundings by having conversations with those around you. By creating allies. By showing this is a subject you are passionate about because you could potentially find more love than your hetro next door neighbor but would never see the same rights as them before, however, with this POSITIVE ruling, you too can experience that same sense of joy, happiness and fulfilment we all deserve in life. It is our relationships that would be getting married, so how/why could they decide on the fate of our relationships when we don't vote on theirs? take a second to let that register then go support your rights for freedom, equality, happiness and love.
Posted by: IonMusic | Aug 5, 2010 1:23:22 AM
First off; Marriage was not created by God, nor did it come from any religion, but was merely hijacked by religious freaks, not unlike a couple of the people commenting. Go educate yourself a little, James.
Now, as a European not having to fight for my rights constantly (It's NOT about "special rights", it's about EQUALITY!), I am so very happy on behalf of my American brothers & sisters! Good for you :)
Still a long way to go though, so keep RAGING HARD!
Best wishes to you all xXx
Posted by: TheNiebur | Aug 5, 2010 9:45:48 AM
I encourage EVERYONE to read the ruling. Yes, it's long. But I'm not even an attorney and I was easily able to understand all of it. In fact, it was quite fascinating and will most likely be considered a landmark case, so read it.
I especially direct my comments to those who are moaning and whinging about this ruling. If you read what the judge wrote and really understand his words, you will understand EXACTLY why you are wrong. The state has NO justifiable or rational reason to CONTINUE excluding same-sex couples from the legal and civil relationship we call marriage. None. He thoroughly went through every single argument the proponents presented and, well, basically their arguments were shit. We don't base laws only on your moral code or his moral code or her moral code. They'd be a mashed up mess and the state must look to their own interests, as well (which are ALL of our interests). We also don't base laws solely on majority view. The bill of rights was created specifically to protect the few from being overrun by the many and the majority can and often has been wrong.
I guarantee you when the Supreme Court ruled in 1967 that interracial marriages were legal, most Americans disagreed. However, today you'd be hard-pressed to find anyone upset about the fact that interracial couples can marry and even find it bizarre that it was EVER illegal!
That is how Americans will look on this in 50 years or fewer. Bizarre that gays and lesbians ever had to go through all this!
Anyway, read the ruling. It's very eye-opening. The law and the state do not operate on emotion, but reason. And there is simply NO reason to exclude gays and lesbians from marriage.
Posted by: Anastasia | Aug 5, 2010 4:00:04 PM
If conservatives really are convinced that marriage is a central institution for human civilization (and if they're right, we're in trouble - just look at the state of so many hetero marriages!), shouldn't they be happy to let more couples marry?
I find Judge Walker's reasoning compelling: he didn't find a constitutional right to same-sex marriage, he just recognized (as other federal courts have) that there is a fundamental right to MARRIAGE, without qualification. Denying that right to a significant number of couples, simply because of the sex of the partners, is absolutely insane.
Posted by: RustyShackleford | Aug 6, 2010 7:15:36 PM