Judge overturns California gay marriage ban

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

In a landmark case that could eventually reach the U.S. Supreme Court, Chief U.S. District Judge Vaughn Walker ruled that the voter-approved ban, known as Proposition 8, violates due process and equal-protection rights under the U.S. Constitution. He said that "moral disapproval" alone is not a basis to deny rights to gays and lesbians.

"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license," Walker wrote in the conclusion of the 136-page opinion.

His ruling 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.

Outside the federal courthouse in San Francisco, a cheer went up among a group of about 70 same-sex marriage supporters carrying small U.S. flags, as a large rainbow-striped flag — the symbol of the gay rights movement — waved overhead.

California Attorney General Edmund G. Brown Jr. praised the decision. "In striking down Proposition 8, Judge Walker came to the same conclusion I did when I declined to defend it: Proposition 8 violates the equal protection guarantee of the Fourteenth Amendment of the United States Constitution by taking away the right of same-sex couples to marry, without a sufficient governmental interest."

Opponents of same-sex marriage derided the ruling.

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Source: MSNBC dot Com


I am happy.

The Terminator finally did the right thing. =3

The Govenator had nothing to do with this. And he won't, actually. If it gets enough attention it'll rise to the Supreme Court, which can also begin to strike down the same ban on any state in the Union.

The Govenator had nothing to do with this. And he won't, actually. If it gets enough attention it'll rise to the Supreme Court, which can also begin to strike down the same ban on any state in the Union.

Arnold actually refused to testify.
I think this is a step in the right direction, and it's true, it's completely unconstitutional via the 14th amendment.

Also this is a triumph in American society right now. I'm straight but honestly, it's about time we broke the hold religion has on the US. And of course he refused, he has no power.

I love the constitution. If only stuff like this would happen more often.

Former U.S. Justice Department lawyer Charles Cooper, who represented the religious and conservative groups that sponsored the ban, said cultures around the world, previous courts and Congress all accepted the "common sense belief that children do best when they are raised by their own mother and father."

Because children can't possibly grow up in single parent families, divorce totally isn't legal in the United States, and orphanages being full is just an unbased rumor.

Former U.S. Justice Department lawyer Charles Cooper, who represented the religious and conservative groups that sponsored the ban, said cultures around the world, previous courts and Congress all accepted the "common sense belief that children do best when they are raised by their own mother and father."

Because children can't possibly grow up in single parent families, divorce totally isn't legal in the United States, and orphanages being full is just an unbased rumor.

I feel like this has been said multiple times, and yet, it still hasn't gotten across to people

Former U.S. Justice Department lawyer Charles Cooper, who represented the religious and conservative groups that sponsored the ban, said cultures around the world, previous courts and Congress all accepted the "common sense belief that children do best when they are raised by their own mother and father."

Because children can't possibly grow up in single parent families, divorce totally isn't legal in the United States, and orphanages being full is just an unbased rumor.

I feel like this has been said multiple times, and yet, it still hasn't gotten across to people

This.
I am happy. Im not homosexual(bisexual,trisexual,whatever) but I do believe people who are have the right to get married if they please.

Former U.S. Justice Department lawyer Charles Cooper, who represented the religious and conservative groups that sponsored the ban, said cultures around the world, previous courts and Congress all accepted the "common sense belief that children do best when they are raised by their own mother and father."

Because children can't possibly grow up in single parent families, divorce totally isn't legal in the United States, and orphanages being full is just an unbased rumor.

Let's not forget the just plain abusive households, druggies, irresponsible parents, etc...  His statement doesn't have a shred of truth to it, there's nothing to support that "common sense belief."

I also love how all of the criticism is pretty much only from known conservative Christians (mostly the Mormons). OH NO, THEY MIGHT NOT BE IMPOSING OUR CHRISTIAN VALUES ON EVERYONE ANYMORE, AMERICA IS FALLING APART!

I remember reading this, its pretty sad that people are so stupid that they cannot open their eyes and see that trying to ban gay marriage is trying to destroy the admenments.
Also from what I remember reading, people claim marriage is a holy thing created by the christians but from what I understand it could've started out like that but as time goes on it
has evolved from that to something that everyone can do, christian, or not.

I remember reading this, its pretty sad that people are so stupid that they cannot open their eyes and see that trying to ban gay marriage is trying to destroy the admenments.
Also from what I remember reading, people claim marriage is a holy thing created by the christians but from what I understand it could've started out like that but as time goes on it
has evolved from that to something that everyone can do, christian, or not.

[sarcastic statement]: That's not true.

[sarcastic addendum]: Atheists, Jews, Hindus, and Bhuddists are actually not allowed to get married. Ever.

[closing statement]: It's against the law, and should be, just like gay marriage.

Apparently the Governator has openly spoken for keeping the removal of the ban.

[sarcastic statement]: That's not true.

[sarcastic addendum]: Atheists, Jews, Hindus, and Bhuddists are actually not allowed to get married. Ever.

[closing statement]: It's against the law, and should be, just like gay marriage.

not sure what you mean so i'm gonna jump the gun and tell you to fuck yourself.

[sarcastic statement]: That's not true.

[sarcastic addendum]: Atheists, Jews, Hindus, and Bhuddists are actually not allowed to get married. Ever.

[closing statement]: It's against the law, and should be, just like gay marriage.

not sure what you mean so i'm gonna jump the gun and tell you to fuck yourself.

He's agreeing, and stating that all of those groups -can- be married, so it can't be considered a Christian thing anymore.

Hence the repeated sarcasm.

Just reading over a summary of the trial in question here, Perry vs. Schwarzenegger. It seems two same-sex couples tried to apply for a marriage license after Prop 8 was passed but were obviously denied. They proceeded to sue the clerks who denied them and a bunch of high officials in California, including Governor Schwarzenegger and Attorney General Jerry Brown.

However, none of the defendants named opted for any sort of defense, with Brown actively stating that the law was wrong and should be overturned. Several groups (mostly Christian organizations) tried to intervene and step up to plate instead because "OH GOD, I CAN'T ALLOW THE GOVERNMENT TO GET AWAY WITH NOT DISCRIMINATING AGAINST THE FAGS!".

There's always going to be someone whose not happy. Other than the Christian organisations, I don't see who would benefit by keeping this law in place, but who knows...

Also, good on the governor.