Today’s the day, y’all … U.S. District Chief Judge Vaughn R. Walker has announced that he has made his ruling on the constitutionality of the vile Proposition 8 that was passed here in California in 2009 which makes same-sex marriage illegal after the California Supreme Court ruled in 2008 that same-sex marriage is legal. The case was argued in front of Judge Walker at the start of this year and after a few months of deliberation, he is ready to announce his ruling … which will be released this afternoon somewhere between 1pm and 3pm PT:
A federal judge in San Francisco will decide Wednesday whether gays and lesbians have a constitutional right to marry. U.S. District Chief Judge Vaughn R. Walker, who presided over a trial earlier this year on the constitutionality of Proposition 8, will release his long-awaited ruling Wednesday on whether the 2008 ballot initiative violates the U.S. Constitution, a court spokeswoman said. His ruling is expected to be released between 1 p.m. and 3 p.m. Walker, an appointee of President George H.W. Bush, heard myriad witnesses testify about the history of marriage, the nature of homosexuality and the degree of power gays and lesbians possess in the political system during the 2 1/2-week trial in January. Most of the testimony favored marriage rights for homosexuals. Walker’s decision is expected to be appealed to the U.S. 9th Circuit Court of Appeals and then up to the U.S. Supreme Court … The California Supreme Court ruled 4 to 3 that gays and lesbians were entitled to marry under the state Constitution in an historic ruling in May 2008. Voters passed Proposition 8 six months later, amending the state Constitution to ban same-sex marriage. Walker will decide whether California’s ban on same-sex marriage violates equal protection and due process rights guaranteed by the U.S. Constitution.
It is really anyone’s guess which way Judge Walker will rule but no matter what his decision, the case will immediately be appealed to the US 9th Circuit Court of Appeals and then when that decision is handed down, it will then be immediately appealed to the US Supreme Court. Today’s ruling is only the first step in a long journey toward an absolute and final court decision. 5 US states and the US capitol city of Washington DC have legalized same-sex marriage but until the matter is decided on a federal level in a ruling that affects the entire United States of America (which can only be handed down by the US Supreme Court) these legal battles will continue. Much of California is waiting with bated breath to find out today’s ruling … but, again, it is only a first step. I am hoping and praying that Judge Walker rules in favor of liberty and justice for all … same-sex marriage will be afforded to all US citizens … today’s ruling would be a great first step towards that eventual goal.
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Keeping my fingers crossed!!
I agree…fingers crossed. I am quite confident that marriage for all will be legalized in my lifetime, but I am hoping it is sooner rather than later :)
I sooo don’t even understand why this is an issue?!?! What is the big deal with letting everyone be married?? Isn’t there still a division of church/state in our country? Fingers crossed…no one should be denied the right to be with the person they want to spend their life with.
Lets hope he has a brain!!
I’ve got a feeling, that tonight’s gonna be a good night. Here’s to hoping for a positive outcome for all same sex couples in California.
From a legal perspective, I just don’t see how Prop 8 can be upheld. In Loving v. Virginia, The Supreme Court established that marriage was a “basic civil right of man”. That Supreme Court ruling also says, “Under our Constitution, the freedom to marry, or not marry…resides with the individual and cannot be infringed by the State”.
The law seems pretty clear on this issue.
@Krissy — Yes, I totally agree … which is why I’m counting on the Supreme Court making the final legalization of same-sex marriage when they finally get the case. I’m very confident that liberty and justice for all will win out in the end.
i’m keeping my fingers & toes crossed for you guys :)
Hi – My husband works in the 9th district and I thought I’d chime in on what “could” happen (or at least my interpretation of what he told me):
If we win or lose today the appeal will have 30 days to file. They cannot really file “immediately” because the appeal has to have the sections in which they disagree with which they won’t know until after the judgement comes down in written form.
Let’s say we win today, it goes to appeal and 3 judges will have to decide if the appeal is valid or not.
Let’s say we win that – then they will have to petition the Supreme court to rule on it. The Supreme Court doesn’t really have to do anything. They could choose not to get involved – which would mean same-sex marriage would stay legal in CA. If they did choose to rule on it then the outcome (if in our favor) sets a precedent thus possibly making marriage legal nationwide. If it went the other way… ugh.
So, there is still a lot that can happen but by the end of today if it rules in our favor everyone in CA can start getting married again!
@Victor — Yes, you’re right … by “immediately” I mean they deffo will appeal, no matter who wins and loses. You are also right that the Supreme Court doesn’t have to take the case … but considering that same-sex marriage is legal in some states and not others, I’m pretty sure the court will decide to weigh in and have their say one way or the other. If they don’t take the case and allow the appeals court decision to stand, any other state can file a whole new lawsuit and start the process all over again. Again, that could be a likely scenario so … we’ll have to see. No matter what happens, there’s still a long road ahead.
fingers crossed as well. I think everyone should have the same rights. It is ridiculous in this day and age that we all can’t seem to see that.