Wooot!!! Earlier today we learned that U.S. District Chief Judge Vaughn R. Walker would be releasing his ruling on the constitutionality of the voter approved Proposition 8 (which made same-sex marriage illegal in the State of California in 2009 after the California Supreme Court legalized the practice in 2008) this afternoon. Judge Walker‘s ruling has been announced and I am THRILLED to report that his ruling has overturned Prop 8 as unconstitutional, essentially making same-sex marriage legal once again in the State of California:

In the long-awaited ruling Perry v. Schwarzenegger, 9th Circuit District Court Judge Vaughn Walker handed down a doozy of a ruling: The voter-approved law known as Prop 8, which stripped California’s same-sex couples of the right to marry, is unconstitutional, violating both due process and equal protection clauses … Some main points from the ruling:
• “Plaintiffs do not seek recognition of a new right. To characterize plaintiffs’ objective as ‘the right to same-sex marriage’ would suggest that plaintiffs seek something different from what opposite-sex couples across the state enjoy —— namely, marriage. Rather, plaintiffs ask California to recognize their relationships for what they are: marriages.”
• “Domestic partnerships do not satisfy California’s obligation to allow plaintiffs to marry.”
• “PROPOSITION 8 IS UNCONSTITUTIONAL BECAUSE IT DENIES PLAINTIFFS A FUNDAMENTAL RIGHT WITHOUT A LEGITIMATE (MUCH LESS COMPELLING) REASON. Because plaintiffs seek to exercise their fundamental right to marry, their claim is subject to strict scrutiny. Zablocki, 434 US at 388. That the majority of California voters supported Proposition 8 is irrelevant, as ‘fundamental rights may not be submitted to [a] vote; they depend on the outcome of no elections.’”
• “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.”
• PROPOSITION 8 DOES NOT SURVIVE RATIONAL BASIS. Proposition 8 cannot withstand any level of scrutiny under the Equal Protection Clause, as excluding same-sex couples from marriage is simply not rationally related to a legitimate state interest. One example of a legitimate state interest in not issuing marriage licenses to a particular group might be a scarcity of marriage licenses or county officials to issue them. But marriage licenses in California are not a limited commodity, and the existence of 18,000 same-sex married couples in California shows that the state has the resources to allow both same-sex and opposite-sex couples to wed. See Background to Proposition 8 above.”
Head over to Queerty HERE to read the full text of Judge Walker‘s ruling. On all the main, very important parts of the case, Judge Walker sided with supporters of same-sex marriage and has issued a landmark ruling outlining his determination that banning same-sex marriage goes against the US Constitution, the supreme law of the land. This is a huge victory and a huge step towards the legalization of same-sex marriage here in the entire US … but the fight is not over yet. Opponents of same-sex marriage will surely file an appeal to the Court of Appeals for the Ninth Circuit to seek a ruling in their favor … but, as my friend Loy made sure to make me aware, today is a day for CELEBRATION!! This is really fantastic news … but, again, we must press forward. This decision will be appealed, very likely all the way to the US Supreme Court. But make no mistake — this is a great first step towards true marriage equality in the US of A!!
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[...] UNCONSTITUTIONAL: Federal Judge Walker Overturns Proposition 8 In California (pinkisthenewblog.com) [...]
Thank God…that stupid proposition was a complete and utter charade. Here’s to hoping that Scalia retires before it reaches the Supreme Court.
I hate to be cynical… But won’t some other judge just bow to pressure & overturn it – AGAIN?
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I hope not. It would be nice to see this last this time around. Good luck to Cali!
@rossy — This is a federal decision … the only way it could be overturned is if the Appeals Court finds that the case was handled improperly (not on the merits of the case itself) or if the Supreme Court decides to take the case and make a ruling. Also, this only affects California, not the entire country … but if the Supreme Court takes the case and makes a ruling, it will impact the entire US.
I feel like in 30 years this new generation would have grown up & we will have the same rights. nice to see a little progress….and for the people who oppose gay rights…Do you really have nothing better to do with your life then work tirelessly to make sure people aren’t able to have the same rights as everybody else? Maybe spend time with that “wholesome” famiyl of yours while your wife is cheating on you & your children are doing drugs <3
It still just dumbfounds me that something this important was put to a vote of the general population anyway. What do you think would have happened if we put slavery or women’s right to vote up for public vote? Hopefully this is a watershed decision.
Trent, when is the wedding? (j/k :))
This wont get overturned in California Rossy…. It was a very properly conducted case….. That being said… so… uh Trent? have you and David set the Big Date?? ;-) I am a wedding planner. Fly me out and I’ll do it for free ;-)
@everyone — David and I have no plans to marry and if we did, we would not rely on the whims of State laws. We could easily be married in Connecticut (David’s homestate) but we’re not quite there yet ;) I think we will get married some day … just not yet :D
I am so happy to hear it was ruled unconstitutional. I sort of like to word it like “Ellie Mae” would, “Heterosexuals haven’t done such a bang up job with marriage. Why would we limit it just to opposite sex couples with our divorce rate as high as it is? Obviously, a happy marriage is not just between a man and a woman.” Personally, I am a big fan of the saying, “one human family”. As long as everyone is happy, so be it. That is just my two cents.
Preach it, Trent! For years I had to endure everyone I know (close and even just acquaintances at work) asking me when me and my boyfriend were getting married. We’ve been together 7 years now (Saturday will be our official 7-year anniversary of our official first date), have lived together for almost 5, and have a dog together and we just now got engaged a month ago. There are lots of circumstances that makes a couple ready or not ready to take the big marriage step. The timing is now for us and we’re absolutely thrilled about it. Destination wedding in Puerto Vallarta over Cinco de Mayo, baby!!
Oh yeah, and yay! I kind of hope this case does make it to the Supreme Court so everyone everywhere in the US will be able to marry who they love and want to spend the rest of their life with. Fundamental rights (like marriage) should NOT be put to a vote. If they were, women would probably not have the right to vote, interracial marriage wouldn’t be allowed, etc, etc.
[...] UNCONSTITUTIONAL: Federal Judge Walker Overturns Proposition 8 In California (pinkisthenewblog.com) [...]
How impartial is a judge who is a homosexual????
@Willie — Probably about as impartial as every heterosexual judge can be.