Posts Tagged ‘Proposition 8’

: – ) Wow.

(CNN) — A federal judge in California has knocked down the state’s voter-approved ban on same-sex marriage, ruling Wednesday that the state’s controversial Proposition 8 violates the U.S. Constitution.

Chief U.S. District Judge Vaughn Walker found in his ruling that the ban violated the Constitution’s equal protection clause under the 14th Amendment.

The closely watched case came some two years after Californians voted to pass Proposition 8, which defined marriage as a union between a man and a woman.

Neither opponents nor supporters of same-sex marriage said before the ruling that it would likely be the last. Both sides said the decision will be appealed and eventually wind up in the U.S. Supreme Court.

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Prop. 8 supporters plan appeal before ruling.

(08-03) 19:18 PDT SAN FRANCISCO — A federal court ruling on the right of same-sex couples to marry in California is scheduled to be released today – and opponents of gay and lesbian nuptials are already making plans to appeal.

Chief U.S. District Judge Vaughn Walker of San Francisco will decide whether Proposition 8, the November 2008 initiative that defined marriage as the union of a man and a woman, violated gays’ and lesbians’ right of equality under the U.S. Constitution.

After court officials on Tuesday announced plans to release the decision, Prop. 8‘s sponsors filed papers making it clear they expect to lose this round. They asked Walker, if he rules against them, to leave the ban on same-sex marriages in place while they appeal.

Lawyers for Prop. 8’s backers told the judge they are confident that any such ruling would be overturned on appeal. They said a stay would honor the will of the voters and would not harm same-sex couples, who can still register as domestic partners.

Walker presided over a nonjury trial in January, the first ever held in a federal court on the issue. The plaintiffs, two gay men from Burbank and two lesbians from Berkeley, testified that their hopes to be married were thwarted when voters overturned the May 2008 state Supreme Court ruling that legalized same-sex marriage.

The plaintiffs’ witnesses also included researchers who said sexual orientation has no relationship to successful parenting and that marriage in the United States is an evolving institution.

The conservative religious coalition that sponsored Prop. 8 offered testimony that the male-female definition of marriage is universal and that children are better off with married, biological parents.

The city of San Francisco joined the lawsuit on the plaintiffs’ side. Attorney General Jerry Brown declined to defend Prop. 8 and said he considers it unconstitutional.

Walker’s ruling, due sometime between 1 and 3 p.m., is certain to be appealed to the Ninth U.S. Circuit Court of Appeals in San Francisco. The case could reach the U.S. Supreme Court in 2011 or 2012.

A group that supports same-sex marriage has announced a march from the Castro district to City Hall, starting at 5 p.m., followed by a rally from 6:45 to 8 p.m.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/08/03/BAF11EODM9.DTL&tsp=1#ixzz0vfjP74ag

Illegal In America:

Wow, hopefully within the next few hours we will know what the Federal Judge Walker has decided.  I think it’s pretty dumb that the supporters of PROP 8 know that they will most likely get defeated, as they well should.  People who give a shit about this issue either want equal rights, or do not think that the fellow citizens living around them deserve the same rights that they do.

When this does get repealed today, this case is obviously going to continue its adventure into bigger, badder courts, but I really hope that Walker ends Prop 8, at least temporarily, now.  As you saw at the end of the article, anyone in San Francisco that wishes to walk can do so from the Castro to the San Francisco City Hall.

Let’s show them who they are dealing with and give this fight a voice!