"FEDERAL COURT STRIKES DOWN CALIF. GAY MARRIAGE BAN "

[Cha]

.... In 2008, opponents of marriage equality pushed a ballot measure to ban same-sex marriages in California, following a state Supreme Court ruling that said consenting adults could legally marry, regardless of their sexual orientation. A narrow majority of Golden State voters, tragically, approved the measure.

A year ago, state courts upheld the outcome of the statewide vote. This afternoon, a federal court reached the opposite conclusion.

In a major victory for gay rights advocates, a federal judge on Wednesday struck down a California ban on same-sex marriage, Reuters reported.

Chief U.S. District Judge Vaughn Walker's decision to overturn the voter-approved ban, known as Proposition 8, came in response to a lawsuit brought by two same-sex couples and the city of San Francisco seeking to invalidate the law as an unlawful infringement on the civil rights of gay men and lesbians.

Rachel Slajda has some excerpts from the ruling including this gem: "Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians."

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.

The full ruling from Judge Walker, an appointee of President H.W. Bush, is online here.

Note, the case will now go to the 9th Circuit Court of Appeals, which tends to be pretty progressive. Many legal experts I've spoken to expect the Supreme Court to eventually hear the case.

In the meantime, the decision is heartening. The arc of history is long, but it continues to bend towards justice."

—Steve Benen 5:00 PM Permalink | Trackbacks | Comments (22)
http://www.washingtonmonthly.com/archives/individual/2010_08/025050.php#1808937

Good News!:bounce: :fistbump:

[grantcart]

1. Seems like a weighty opinion - seems like it will be very difficult to overturn this

decision. What are the experts saying?

[POAS]

2. I'm no expert but I say

WAHOO!

:toast:

[grantcart]

3. The judge is basically saying that proponents for 8 didn't have a single fact

entered into evidence to support their position.

I would guess that any appelate judge would have a huge mountain to climb to overturn such a lopsided judgement.


He isn't saying that it was a comparative opinion with one side out performing the other,

He is saying that one side failed to enter a single fact in evidence.


For the reasons stated in the sections that follow, the
evidence presented at trial fatally undermines the premises
underlying proponents’ proffered rationales for Proposition 8. An
initiative measure adopted by the voters deserves great respect.
The considered views and opinions of even the most highly qualified
scholars and experts seldom outweigh the determinations of the
voters. When challenged, however, the voters’ determinations must
find at least some support in evidence. This is especially so when
those determinations enact into law classifications of persons.
Conjecture, speculation and fears are not enough. Still less will
the moral disapprobation of a group or class of citizens suffice,
no matter how large the majority that shares that view. The
evidence demonstrated beyond serious reckoning that Proposition 8
finds support only in such disapproval. As such, Proposition 8 is
beyond the constitutional reach of the voters or their
representatives.

[goclark]

8. Yes! Yes! Yes!

:fistbump:

What a brave judge, bravo!

[quiet.american]

4. Excellent ruling. I especially like the "gem":

"Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians."

AMEN!

[Cha]

7. Especially liked

that too!~:fistbump:

[Sheepshank]

5. Phew! two steps forward ...again

so far, I'm elated. I'm sure this will last about as long as the appeal is filed...then I'll be pissed off all over again.

edited to correct dumb punctuation mistake.

[Tarheel_Dem]

6. Truly cause for celebration. Hopefully, working toward the day when

this won't ever be an issue again. Congrats to All. :toast: