Wednesday, August 4, 2010

Wahoo!....Prop 8 Overturned!

Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8. California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same-sex couples and has not suffered any demonstrated harm as a result,see FF 64-66; moreover, California officials have chosen not to defend Proposition 8 in these proceedings.

Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8. The clerk is DIRECTED to enter judgment without bond in favor of plaintiffs and plaintiff-intervenors and against defendants and defendant-intervenors pursuant to FRCP 58.

And so it is....with a well thought out and delivered judgement, Judge vaughn Walker has overturned Proposition 8 and affirmed that it violates both due process and the equal protection clause of the constitution[CNN]. In his ruling he pointed out that same-sex couples are not seeking new or "special" rights, but only equal opportunity...equal treatment under the law. He also made a point that domestic partnerships do not fulfill the obligation to allow same-sex couples the equal opportunity to marry. He also affirmed the equal value of same-sex couples to opposite sex couples in the raising of children and that denying same-sex couples marriage does not encourage or affirm opposite sex marriage in any way.

the text of Judge Walkers ruling points out, show without a shadow of a doubt, how well the legal team of Olsen and Bioes made their case as it reads like a synopsis of their arguments. More to the point, these arguments posess their own weight and just took someone to go to bat for them.

As of now Judge Walker has issued a two day stay on his ruling in order for opposing legal council to respond. After that point, if no appeal was pending, the changes to California's constitution banning same-sex marriage would be nullified, leaving the Supreme Courts ruling upholding of same-sex marriage in effect. Marriages could resume. However, is fully expected that the opposition will appeal and the case will advance to the 9th district court of appeals. If we won in that court it would apply to all states under its jurisdiction...and so the momentum would continue, snowballing on its way to the U.S. Supreme Court.

the opposition is already going into full martyr mode. Pick your anti-gay group and their websight will be dripping with bile and loaded with accusations of judicial NOM for example:

"Never in the history of America has a federal judge ruled that there is a federal constitutional right to same sex marriage. The reason for this is simple – there isn’t!” added Brown.

“The ‘trial’ in San Francisco in the Perry v. Schwarzenegger case is a unique, and disturbing, episode in American jurisprudence. Here we have an openly gay (according to the San Francisco Chronicle) federal judge substituting his views for those of the American people and of our Founding Fathers who I promise you would be shocked by courts that imagine they have the right to put gay marriage in our Constitution. We call on the Supreme Court and Congress to protect the people’s right to vote for marriage,” stated Maggie Gallagher, Chairman of the Board of NOM.
Putting trial in quotes doesn't make it any less legal Maggie...nor was Judge Walker open about his sexuality until you made an issue of it during the opening of the trial...and as for the founding fathers...none of them could have foreseen where the future was going to take this country and I'm quite sure they knew that too...which is why they built failsafe protections into the constitution..because they knew that events may occur that they could not foresee and that the people would need their forsight is vindicated....even if only till the next round.

But tonight we party! Get out and celebrate in whatever way you can. Raise a glass and toast to equality...toast to love...then get ready to get out there and fight again because we are nowhere near done with this thing. Congratulations everyone!

Read Judge Walkers full ruling and a listing of celebration rallies below the fold:

Prop 8 Ruling FINAL
For those who want to take it to the streets...a listing of California rally locations...other state time and locations can be found on Wockner's blog....thanks to him for posting it!

Stockdale Hwy & Village Lane

CONCORD: 6 p.m.
Todos Santos Plaza

FRESNO: 7:30 p.m.
City Hall

INLAND EMPIRE (Rancho Cucamonga): 6 p.m.
Day Creek Blvd & Foothill Blvd

MARTINEZ: 6 p.m.
County Clerk

Caltrain Station & City Hall

NAPA: 6 p.m.
Veterans Memorial Park

ORANGE COUNTY (Santa Ana): 7 p.m.
Sasscer Park
4th & Ross

3255 E. Tahquitz Canyon Way

Community Presbyterian Church

Henderson & Port

RICHMOND: 6 p.m.
City Hall

SAN LUIS OBISPO: 5:30 p.m.
Mission Plaza Amphitheater

SAN MATEO: 6 p.m.
5th & El Camino Real

632 Santa Barbara St

SANTA CRUZ: 5:30 p.m.
Diversity Center

SANTA ROSA: 7:30 p.m.
City Hall

UKIAH: 6 p.m.
Alex Thomas Plaza
295 S. State St

VALLEJO: 5:30 p.m.
Ferry Terminal
Mare Island Way & Georgia St

City Hall


  1. One might argue that there has also never been an argument for heterosexual marriage, either. -Sama

  2. In certain respects Maggie's scare quotes around the word "trial" are accurate given how her side's case was so tissue-paper flimsy that more than one of their own star witnesses ended up testifying in our favour! I wonder if they'll be idiotic enough to take it to the next level?

    If the decision is upheld by the appeals court, would it overturn the constitutional amendments/legislation in the other eight District 9 states, or would further cases need to be heard?

  3. Oh man, I'd love to go to City Call tonight. With the Wednesday night market going on this should be really memorable. But I have a final tomorrow, so I can't. However, the fact that common sense ultimately reigned here in California should be enough for me.

  4. I love the couple who got married in SF right after the ruling, but before the stay was announced because they could fill out paperwork really fast. It made me smile.

  5. Congratulations California! Go out, drink and be merry!

    I think it would be great if they appealed the decision, because a ruling by the Supreme Court would put an end to all this madness once and for all!

  6. Yaaay!
    Congratulations, guys!
    I know, it applies only to Californians for now, and the process will be a hard one, and a long one! But we will prevail!

    If someone remembers me, I'm that Russian guy who was hanging around here like 5-6 months ago. Well, around that time I've "met" (online, on a wonderful American man, and now we really need our marriage license! This issue became so much more personal to me in these past few months, not just an interest of a gay guy from a faraway Russia who's lurking at the life of those who are so close to equality!

    Hi, Bryan and Jay!


  7. I'm so happy for you!

    Congrats on the overturn of Prop 8, and the best of luck in the legal battles still ahead - We know the bigots still have some fight left in them, but don't let that discourage you.

    They're nothing but dinossaurs, kicking and screaming as they slowly sink into the tar pits. Sooner or later, and it appears that it's going to be sooner, their entire ilk will be extinct, and nothing but a bad memory and an embarassing cautionary tale for the future generations.

    Best to you all, guys!

  8. Yay LexxI! So good to see you again! and congratulations! Both Jay and I are glad to see you finding happiness and needing that marriage licence! Please dont be a stranger to this blog anymore.


  9. This is great, we almost by the hand! As I understood even have to wait a little longer, but this is definitely a big, big, big step! this is like here were judicial decisions in favor of the couples who sought to marry, until we get the "law of equal marriage" is not a great name on this law? Come on guys, force! to continue fighting for everyone to see that we are equal and we should all have the same rights, with the same names.
    Besos, besos, besos and a big Hug!!!
    AnCris from B.A., Argentina!

  10. Yesterday was indeed a great day for all!

  11. Finlay! congratulations to all the people of CA, now if only it would go nation wide, that would make my day.

    PS what is with the anti union adds that have been popping up on your page? (especially the anti firefighter and police union adds?)