August 4, 2010, is a historic day in this latter day civil rights battle. Bear in mind, of course, that this is long from over, but Judge Walker’s ruling is fairly extensive, finding Prop. 8 unconstitutional both on equal protection and due process grounds. Also, Walker applied both the strict scrutiny standard and rational basis and found the proponents’ arguments wanting. I’ll post more when I’ve had a chance both to read it for myself and bounce it off my lawyer friends, but for now, courtesy of Jeremy, here is the ruling.
UPDATE: WOW, and immediately the sad, threatened little trolls come out! Well, welcome. We’ll never try to take away your rights. My commenters will make you look stupid, though.
UPDATE II: Will post more Detailed Analysis soon, but for now, here’s Choire Sicha on what will happen when this goes to the Ninth Circuit:
This means it is off to the fun-loving Ninth Circuit, where they will literally laugh in the faces of the anti-gay-marriage folks! And possibly write a decision in the form of a sissy bounce video or something.
OMG, I can’t wait!
UPDATE III: God, I’m totally Greenwalding this post with updates. Joe Jervis points out that the commenters at Free Republic are already advocating the murder of gays. Nice.
UPDATE IV: Governor Schwarzenegger Issues Statement on Proposition 8 Ruling
Governor Arnold Schwarzenegger today issued the following statement after U.S. District Judge Vaughn Walker issued a ruling invalidating Proposition 8:
“Judge Walker had the great responsibility of deciding whether Proposition 8 violates the Constitution of the United States. He heard in-depth arguments from both sides on fundamental questions of due process, equal protection and freedom from discrimination. There are strong feelings on both sides of this issue, and I am glad that all viewpoints were respected throughout the proceedings. We should also recognize that there will continue to be different points of view in the wake of this decision.
“For the hundreds of thousands of Californians in gay and lesbian households who are managing their day-to-day lives, this decision affirms the full legal protections and safeguards I believe everyone deserves. At the same time, it provides an opportunity for all Californians to consider our history of leading the way to the future, and our growing reputation of treating all people and their relationships with equal respect and dignity.
“Today’s decision is by no means California’s first milestone, nor our last, on America’s road to equality and freedom for all people.’
UPDATE V: The National Organization for Marriage Responds:
Dear Marriage Supporter,
Moments ago, in a burst of unprecedented judicial arrogance, Judge Walker struck down California’s Prop 8:
This is a ruling that not only ignores the clear, legally-enacted will of the people of California, but jeopardizes the marriage laws of 45 states and threatens to strip millions of Americans of our core civil right to vote for marriage. We will fight back! Details to follow . . . .
Brian S. Brown
UPDATE VI: President Obama’s Statement
“The President has spoken out in opposition to Proposition 8 because it is divisive and discriminatory. He will continue to promote equality for LGBT Americans.”
UPDATE VII: Wingnut reactions to the ruling, by the way, are in a separate post, so go there if you’re interested.
It was a fag judge from San Francisco. Was there ever any doubt it would be overturned.
Aw, and then the gay banned you, because you said “fag.”
It’s because I have power over you.
One of the reasons homos should ever be allowed in any government position, not even dog catcher.
Gay or not, this was the correct decision. Back off haters!
finally, a step in the right direction.
The ignoramuses are coming out of the woodwork I see.
and the first commment comes from a right winged straight red neck! Bravo “Tinian” wtf!!
“The ignoramuses are coming out of the woodwork I see.”
Let them. Every time this happens the masks drop momentarily and we can see the opposition for what it actually is. Let them dispense all the bile they want. And the next time one of them says it’s not about hate, wave it back in their faces.
@Bruce, thanks for your perspective…feel better now!
@Tinian and Jack: Mommy and Daddy would be SO proud. Quick scamper off and ask ‘em for a cookie and then back to your colouring books so the adults can talk.
And, remember, you little scamps, NO colouring outside of the lines lest god send you to hell for creative and original thinking. That’s a sin in his/her/it’s eyes.
*tousels hairs*
Isn’t it amazing how homosexuals seem to be approached under a veil of compassion and love……..and then when the homosexual decides to stand up for themselves and not allow themselves to be pitied or patronized, the REAL venom begins to flow. Kudos to Judge Walker!! Call the Judge a “fag judge” if you wish, Tinian……..you could not even begin to defend the overwhelming evidence in this decision which indisputably shows that bigotry and hate will not be tolerated in intelligent society. The era of McCarthyism is over……….go back to the Middle Ages where you belong.
Assuming the Ninth Circuit agrees, is there a legal block to prevent the case from getting to the US Supreme Court? If not, what happens if the SCOTUS upholds the ban?
Then it will be an obviously political decision, and those usually come not long before a later SCOTUS overturning.
Can someone give me a run down on what happens now? What’s the track record on these decisions surviving the ninth circuit?
I ask because an a*****e friend of mine continues to insist “it’ll just get worse from here,” can keeps claiming this will get overturned like Maine.
We will likely win the 9th Circuit. And then the Supreme Court. It will possibly be up to Kennedy to decide at that level.
Tinian: sounds as though you need a good f*** with the “right” sex!! What ya waiting for baby??
I’m glad to read about this ruling. It is sad to see that people arguing against this are reduced to nothing but ad hominems. The case was argued well, and the ruling is sound. To be honest it is sad that it is still being debated at all. In our nation there is no reason, no rational basis to uphold the kind of discrimination represented by proposition 8.
Since we live in Florida, this won’t really help us out personally. But in the grand scheme of things, this is a momentous decision.Bravo Judge Walker. We have been together 28 years but in the eyes of the state we are simply roommates.
I wonder if Bam Bam is going to make an honest woman out of Porno Pete.
Wow, they bent the prop 8 people over and just gave it to them hard and fast. Soo why don’t we want to go to a federal court?
This is great! I realize that we still have a long struggle ahead of us in the 9th circuit court of appeals and the Supreme Court, but it’s progress!
It truly amazes me how prejudice people can’t correctly construct a coherent sentence. I guess everyone can’t choose to have a full genome at birth. I just wish they would quit throwing those dice. :-)
Good job Judge Walker. Yeah for evolution!
Rachel Maddow was great last night. Almost the entire show was about this. I didn’t realize (but wasnt surprised) at how utterly lame the pro H8 side was. The best they had to offer was ‘the luggage lifter’ Reeeekers and some Asian guy I’v never heard of who was from some ‘bring back America to God’ group. When the judge asked him where he got all of his (total b******t) information about gays and marriage equality, he said, “I read it on the internet”!! I kid you not! I was like WTF?!?!?!? And then burst out laughing. If this goes to SCOTUS and they overturn Walker’s *brilliantly* written decision, then justice and the rule of law is truely DEAD in this country!
@Gary: Well Rekers was right about needing his “baggage” carried
To equality!
How likely is it that there could be a national backlash against this ruling leading to a revived movement to ammend the Constitution with the “Federal Marriage Amendment”?
Bob there will be a backlash and a move to amend the federal constitution but its highly unlikely to be big enough and sustained enough to accomplish that.
Yeah f**k the voters of California who voted to ban gay marriage THREE TIMES.
f**k those a******s! Why should their votes matter if they don’t think the same way I do???
The voters of California violated the US Constitution. They don’t get to vote on the rights of minorities. If you don’t like it, leave America and move to a place like Iran where there is no freedom.
What next? You think you get to vote on whther I have the right to eat or breathe oxygen?