Federal Judge Rules Proposition 8 Unconstitutional

In a landmark victory for equality and LGBT rights, Chief United States District Judge Vaughn Walker has overturned  Proposition 8, the voter-approved measure banning same-sex marriage in California. The judge ruled the law is unconstitutional (PDF) under the due-process and equal-protection clauses "because it denies ... fundamental rights without a legitimate reason."

Writing in the 138-page decision on Perry v Schwarzenegger, Judge Vaughn Walker concluded:

"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 the 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."

The final word from the federal judge first appointed by Ronald Reagan: "A private moral view that same sex couples are inferior to opposite-sex couples is not a proper basis for legislation."

The landmark case was brought by superstar attorneys Theodore B. Olson and David Boies, who were on opposite sides of the famous Bush v Gore. The case was filed last year on behalf of a gay male couple in Burbank and a lesbian Berkeley couple who were denied marriage licenses.

The ruling has already been appealed by the anti-gay side and will almost certainly be litigated to the Supreme Court. But today is a tremendous day for equality.

UPDATE: Walker has issued a stay, i.e. same-sex couples cannot get married right now.

Comments

[CC]

YES!!!

[Korey]

Happy Birthday Mr. President. I love it that this ruling came on your birthday considering that you've engaged in more positive dialogue with the Gay community that any president in history!

[QH]

About darn time.-QH

[DT]

Great! It's a step in the direction of equality. We're on the right track.

[Linda]

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.

[Faison]

Fantastic news and about dayumn time.

And too bad our black gay community didn't engage more in this or the other high profile equality battles. There are 100s of comments at the other gay blogs and only a handful here. This ruling helps ALL of our community and ALL of our society. It's a wonderful day.

I guess if it's not about the DL, Tyler Perry or Janet Jackson, too many of us could care less. SMH

[sonofabutch]

Damn faison, I've been going from blog to blog, and even though there aren't many comments here, (which doesn't necessarily mean that people didn't at least READ the posts and just did not comment), I was thinking exactly the same thing you posted above...WTH? So much work to still be done...I'm starting to think that many AA's, straight and homosexual, bi and transgendered think the further you legitimize "gay" , (i.e. white homosexual), rights that as we move forward this once ostracized segment of the population will simply skip over AA's in consideration to all types of opportunities and we sink in large part back to the bottom...kind of like how the numbers seem to support that affirmative action programs hugely benefited white women moreso than black women or men at which they were supposedly primarily aimed...some may feel, "we've seen it all before", unfortunately this attitude may have a point...Can we, the country, start the WAR ON POVERTY SOON? I mean a hand up is NOT a handout if you know what I mean...Maybe we might get more of an affirming response from black glbt and straights alike, I dunno? Thoughts?

[Former COGIC]

@ Butch:

Yes and no. The relative silence at this blog isn't because gay people are "getting more" and blacks are being "left behind". You see the same thing anytime LGBT rights, discrimination, marriage etc are discussed here ...

It's because many black LGBTs are closeted. And if we're closeted, we don't care or are afraid of equal rights.

Many more don't want to fight for our rights. We're lazy, we want others to do the work, or as black people and black LGBT, we are used to complaining. So we use this wink and nod, bait and switch game. "I won't support that because it only benefits white gays" or "Why aren't more black people at their rallies?"

Or since President Obama is dragging his feet on gay rights (and to be fair he is doing a good job, but he is like many Democrats, too afraid of Repubs) we think we are "helping" the president by not speaking up for our rights, pretending everything else is more important (health care! war! employment! fix all those THEN start with gays).

Or we know that Obama and the White House aren't the friends we thought they were.

Or many of us are just embarrassed that we HAVEN'T supported all these causes. Can't boast about it now, when we didn't support it before.

But I think you do have a point about "mainstreaming" gay relationships and the black community. I think many black gay men become fearful when there are gay rights victories. We are so closeted and ENJOY THE CLOSET. We like the wink and the nod. We like going to the mega church and the popular church to boast to friends, family and coworkers. But we also like being in the choir with the other church queens. We like being semi closeted but complaining about homophobia. So when victories like this are achieved, many black LGBTs are afraid of living openly. So we are quiet, don't say anything and like turtles we draw back into our sells.

[sonofabutch]

COGIC, Your comment gave me greater perspective about MY people who on so many levels I have had to leave behind, and not because I don't want to participate....they don't want me there and alone I just don't have the strength or desire to fight to be included...So many times I am alone in this...if not for Rod and some of you others...

[Taveeon]

^^^^^ WHEW!!!
If you didn't just preach right there!