Prop 8 ruled unconstitutional, gay marriage legal (for now)

SAN FRANCISCO ­– In a landmark decision today, a federal judge ruled that Proposition 8, the California ballot initiative that excluded same-sex couples from marriage in the state, violates the United States Constitution. The American Civil Liberties Union, the National Center for Lesbian Rights (NCLR) and Lambda Legal filed two friend-of-the-court briefs in the case supporting the argument that Proposition 8 is unconstitutional.

"Today’s decision is a huge victory for the LGBT people of America. For the first time, a federal court has conducted a trial and found that there is absolutely no reason to deny same-sex couples the fairness and dignity of marriage," said James Esseks, Director of the ACLU Lesbian, Gay, Bisexual and Transgender Project. "At the same time, we know that this is not the end. In order to give this case the best possible chance of success as it moves through the appeals courts, we need to show that America is ready for same-sex couples to marry by continuing to seek marriage and other relationship protections in states across the country. It’s simply not fair, and not legal, to continue to exclude committed same-sex couples from marriage."

In the case, Perry v. Schwarzenegger, Judge Vaughn R. Walker of the U.S. District Court in San Francisco ruled that Proposition 8 violates the Constitution’s guarantees of due process and equal protection. The lawsuit was brought by two same-sex couples after Proposition 8 passed in 2008, amending the California Constitution to deny same-sex couples the freedom to marry.

The ACLU is working with same-sex couples throughout the country to secure the freedom to marry by working to pass marriage bills in New York, Rhode Island and Maine and by seeking domestic partnership recognition in Montana, Hawaii, Illinois, New Mexico and Alaska.

The court’s ruling can be found at: http://www.aclu.org/lgbt-rights/perry-v-schwartzenegger-decision

Comments

lacking_direction's picture

Hell Yes!

Hell Yes!

625539's picture

At last.

At last.

Dracofangxxx's picture

Ooh, finally, some

Ooh, finally, some sensibility.
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You are beautiful, in every single way <3

loreonpravus's picture

Congrats, Americans!

Congrats, Americans!

Wolfcry's picture

Something tells me this is

Something tells me this is only a shallow victory for us, because the Lawyers are going to try and suck our money out of us even faster...

"My ear should catch your voice; my eye, your eye, My tongue should catch your tongue, sweet melody, My tongue your tongue were the world mine, And I will sing that they shall hear: That I am not, I am not afraid, I am not afraid!" -- Were The World Mine

jeff's picture

Err...

The lawyers don't cost us anything, so... right now it looks like a shallow victory is gay marriage is legal in CA, or it goes to the Supreme Court for possibly gay marriage nationwide. So, even the shallow victory is still pretty amazing.

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"Wanting to be someone else is a waste of the person you are." - Kurt Cobain

Wolfcry's picture

I was refering to divorce.

I was refering to divorce. that will cost us LOADS of money.

"My ear should catch your voice; my eye, your eye, My tongue should catch your tongue, sweet melody, My tongue your tongue were the world mine, And I will sing that they shall hear: That I am not, I am not afraid, I am not afraid!" -- Were The World

jeff's picture

Well...

That's why I support the 2012 California Marriage Protection Act!

http://rescuemarriage.org/

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"Wanting to be someone else is a waste of the person you are." - Kurt Cobain

MacAvity's picture

Disagree!

Even though I support the right of same-sex couples to marry, I disagree with this ruling! Proposition 8, although I do not like it, is Constitutional. The Tenth Amendment leaves all powers not expressly granted to the federal government to the states or the people themselves. One of those powers is marriage policy - Constitutionally, marriage policy can only be set by the states. In California, an amendment was added, by legal means, to the state constitution, defining marriage as a union between one man and one woman. This is perfectly legal and Constitutional.

Furthermore, it is my opinion that the mindset of the populace cannot be changed by laws. We, as part of the populace, must work as we are doing to change the mindset from within. Only when the populace is ready to accept gay marriage will gay marriage be accepted, court rulings being fairly irrelevant. And when the populace accepts gay marriage, which it will eventually due thanks to our influence, Proposition 8 will be repealed in a legal and Constitutional way.

elph's picture

It's Not This Simple!

Social changes of value rarely, if ever, are accomplished by adhering to rigorous democratic processes (i.e., by the will of the majority).

Just one example: desegregation!

MacAvity's picture

My point exactly

Desegregation didn't catch on all that well through laws either. It took the work of dedicated activists like Rosa Parks and Martin Luther King Junior and many, many others, black and white alike. They, not the laws, changed the will of the majority.

In many parts of the United States, although racial segregation is not legally protected anywhere in the country, black people and white people still live in separate neighborhoods, attend separate schools, and frequent separate public establishments. Why? Because they choose to do so. In those places, the general populace has not yet caught on to the idea of peaceful integration, and it is not likely to do so for several more decades at least. There is nothing the law can do about this.