California - Opponents of Proposition 8 were celebrating in the streets after a federal judge ruled Wednesday that the voter-approved ban on same sex marriage in California is unconstitutional. Judge Vaughn R. Walker,Chief U.S. District Court Judge for the Northern District of California, said in his ruling that 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,” wrote Walker. “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 decision effectively overturns Proposition 8 with a temporary stay to allow suspension of the ruling pending appeal. “Justice is advancing thanks to today's ruling affirming Californians' constitutional right to marriage in faithful, same-gender relationships," said Bishop J. Jon Bruno, head of the Episcopal Diocese of Los Angeles, which has recently become one of the Christian denominations most supportive of gay rights. Gay marriage foes have already vowed to appeal the ruling all the way to the Supreme Court if necessary, saying it subverts the actions of California voters. In court papers filed Tuesday, lawyers defending Proposition 8 asked for a stay if the ruling is to declare the law unconstitutional. “A stay is essential to averting the harms that would flow from another purported window of same-sex marriage in California," wrote the lawyers. The motion indicates that the Proposition 8 defense team will immediately ask the 9th U.S. Circuit Court of Appeals to review the ruling if it is not in their favor. Same-sex marriages will not be allowed to go forward until after the appeals process concludes. Wednesday’s ruling will not impact the roughly 18,000 same-sex nuptials that took place before Proposition 8 went into effect after a past state supreme court ruling that briefly legalized gay marriages in California. Proposition 8, also known as the California Marriage Protection Act, was passed by California voters with 52.24 percent approval in the November 2008 election. It added a new provision to the California Constitution which provides that “only marriage between a man and a woman is valid or recognized in California.” Following the passage of the amendment, mass protests took place across the state, eventually leading to several lawsuits being filed in State Supreme Court and Federal District Court, including the suit which led to Wednesday’s decision. Story by Alex Lane This email address is being protected from spambots. You need JavaScript enabled to view it.
Thursday, 05 August 2010 06:28
Prop. 8 Ruled Unconstitutional by Federal Judge
California - Opponents of Proposition 8 were celebrating in the streets after a federal judge ruled Wednesday that the voter-approved ban on same sex marriage in California is unconstitutional. Judge Vaughn R. Walker,Chief U.S. District Court Judge for the Northern District of California, said in his ruling that 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,” wrote Walker. “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 decision effectively overturns Proposition 8 with a temporary stay to allow suspension of the ruling pending appeal. “Justice is advancing thanks to today's ruling affirming Californians' constitutional right to marriage in faithful, same-gender relationships," said Bishop J. Jon Bruno, head of the Episcopal Diocese of Los Angeles, which has recently become one of the Christian denominations most supportive of gay rights. Gay marriage foes have already vowed to appeal the ruling all the way to the Supreme Court if necessary, saying it subverts the actions of California voters. In court papers filed Tuesday, lawyers defending Proposition 8 asked for a stay if the ruling is to declare the law unconstitutional. “A stay is essential to averting the harms that would flow from another purported window of same-sex marriage in California," wrote the lawyers. The motion indicates that the Proposition 8 defense team will immediately ask the 9th U.S. Circuit Court of Appeals to review the ruling if it is not in their favor. Same-sex marriages will not be allowed to go forward until after the appeals process concludes. Wednesday’s ruling will not impact the roughly 18,000 same-sex nuptials that took place before Proposition 8 went into effect after a past state supreme court ruling that briefly legalized gay marriages in California. Proposition 8, also known as the California Marriage Protection Act, was passed by California voters with 52.24 percent approval in the November 2008 election. It added a new provision to the California Constitution which provides that “only marriage between a man and a woman is valid or recognized in California.” Following the passage of the amendment, mass protests took place across the state, eventually leading to several lawsuits being filed in State Supreme Court and Federal District Court, including the suit which led to Wednesday’s decision. Story by Alex Lane This email address is being protected from spambots. You need JavaScript enabled to view it.Latest from
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