Prop 8 ruled Unconstitutional!

[Belegon]

Reading the decision now.

No ambiguity. Proposition 8 has been struck down and the language of the decision clearly states that such a proposition is beyond the reach of the voters or their representatives.

 

[Stella_Omega]

On to the Federal level now, of course...

But even so I'm opening a bottle of bubbly tonight!

 

[3113]

Judge Vaughn Walker Hands Victory to Proposition 8 Opponents
8/4/10 at 4:16 PM

This afternoon U.S. District Judge Vaughn Walker ruled in the case brought before him by lawyers Ted Olson and David Boies, which argued that the Proposition 8 ballot initiative denying marriage rights to same-sex couples in California was unconstitutional. The case, which was taken on by the unlikely pair (they faced off against one another famously during the 2000 presidential election aftermath, with Olson representing Bush and Boies Gore) over a year ago, has caught the attention of the nation for the likelihood that it will eventually take the cause of gay marriage all the way up to the Supreme Court. In a decision just handed down to lawyers for both sides, Walker ruled that Proposition 8 is "unconstitutional under both the due process and equal protection clauses." The court, therefore, "orders entry of judgment permanently enjoining its enforcement." We're staying tuned for more updates and details on the 136-page decision, but these two sentences from the conclusion are critical:

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.

More here!

OMG! OMG! OMG!....we won?

 

[djserani]

YES!!! *dance dance dance*

 

[rgraham666]

Happy day!

 

[JAMESBJOHNSON]

Oh! It'll go to the Supremes and be over for many years.

Besides, the judge is gay.

 

[Stella_Omega]

More here!

OMG! OMG! OMG!....we won?

Not quite, sweets. The anti-love crowd have already requested a stay of the walker decision until the ninth can review it.

I don't know if they will get it, though. And in the meantime local judges in CA are handing marriage licenses out in wholesale bunches...

 

[voluptuary_manque]

Not quite, sweets. The anti-love crowd have already requested a stay of the walker decision until the ninth can review it.

I don't know if they will get it, though. And in the meantime local judges in CA are handing marriage licenses out in wholesale bunches...

Once the judge started questioning the defending attorneys and calling into question their entire argument, I had a strong feeling that this would be the result. Now if only the Ninth Circuit will 'just say no' to the stay and the appeal, it's over. SCOTUS has already stated that they have no intention of establishing a nation-wide marriage policy. The great thing about Walker's ruling is that it applies to the entire Ninth Circuit, I believe. That makes same sex marriage legal in just about the entire Western U.S., no?

 

[JAMESBJOHNSON]

The Supremes may elect to let each state decide, which was my original point, IF THE STATES CANT REGULATE MARRIAGE THEY CANT REGULATE ANYTHING. And if California gets to decide, it already has. I think the fag team is fucked in the long run.

 

[sadangel]

So glad about this. Still a long road to hoe, but it can be done. Keep the faith y'all. Keep the faith.

 

[Stella_Omega]

Within minutes of his historic decision, however, Chief U.S. District Judge Vaughn Walker agreed to put his ruling on hold for at least a few days to consider arguments on whether California should be barred immediately from enforcing Proposition 8, a move that would allow county clerks to begin issuing marriage licenses to same-sex couples.

The decision, which sets the stage for an appeal that appears destined for the U.S. Supreme Court, quickly triggered a brief scramble for marriage licenses at county offices around California.
http://www.mercurynews.com/ci_15677141

The man is dotting every possible i and crossing all T's. But a few couples got married in the gap.

 

[DorlaMoorehouse]

Huzzah! What a great day!

 

[JAMESBJOHNSON]

Ultimately it cant prevail cuz marriage is a states perogative. States can and do establish all kinds of marriage qualification parameters. The Supremes' first question is gonna be, WHY DO WE HAVE JURISDICTION OF A STATE PEROGATIVE?

I'm trying to reason out why the judge says its a due process problem. There was due process every step of the way. Apparently the judge considers marriage a basic right guaranteed by the Constitution but marriage fails the test cuz its a contract between people; you cant marry yourself or marry period without the expressed consent of a 2nd party. The government has no obligation to provide you with a partner. Marriage requires a license unlike voting or school attendance or freedom of movement.

Its toast.

 

[3113]

Not quite, sweets. The anti-love crowd have already requested a stay of the walker decision until the ninth can review it.

I know. But there was a very real chance that the ruling would favor Prop. 8. It didn't. And it's a huge step.

Would you care to take a victory dance with me about the ballroom, Monsieur Omega? You can lead, of course.

Once the judge started questioning the defending attorneys and calling into question their entire argument, I had a strong feeling that this would be the result. Now if only the Ninth Circuit will 'just say no' to the stay and the appeal, it's over.

You get the next dance, Bear. How shall we all celebrate? I only wish Safe_Bet were with us. Would you be so kind as to send Amy word from us? That we're thinking of them and celebrating?

 

[tolyk]

Not quite, sweets. The anti-love crowd have already requested a stay of the walker decision until the ninth can review it.

I don't know if they will get it, though. And in the meantime local judges in CA are handing marriage licenses out in wholesale bunches...

That's fantastic! I hope it stays this way. Gay people should have every right to suffer in the bonds of marriage as straight people do.... er, I mean, enjoy in eternal bliss.. yeah, that's what I mean.... Don't tell my wife

 

[JamesSD]

Regardless of morals, this was the legally correct ruling. And personally, I'm happy about it.

A federal level appeal will be tough. Of course now the question is how much political backlash will there be? Could this be a rallying cry in November to defeat Boxer/Jerry Brown?

 

[voluptuary_manque]

I know. But there was a very real chance that the ruling would favor Prop. 8. It didn't. And it's a huge step.

Would you care to take a victory dance with me about the ballroom, Monsieur Omega? You can lead, of course.

You get the next dance, Bear. How shall we all celebrate? I only wish Safe_Bet were with us. Would you be so kind as to send Amy word from us? That we're thinking of them and celebrating?

At once! Personally, I think Suzy's looking down at this with a knowing smile on her face.

 

[Stella_Omega]

Regardless of morals, this was the legally correct ruling. And personally, I'm happy about it.

A federal level appeal will be tough. Of course now the question is how much political backlash will there be? Could this be a rallying cry in November to defeat Boxer/Jerry Brown?

Oh, of course it will-- not that there was any lack of those slogans.

Of course it can also be a rallying cry to support them. http://couragecampaign.org

 

[TE999]

I'm pleased that the judge's decision put two thumbs down on Prop 8. It disenfranchised gay and lesbian couples by not allowing them to be legally married and reap the benefits thereof. That's unconstitutional. In fact, Prop 8 denied due process to gays and lesbians which is also unconstitutional. In addition, Prop 8 is also discriminatory. The 9th Circus and the Supremes will be hard pressed to decide otherwise.

(No, I'm not a lawyer, but I did stay at a Holiday Inn Express last night )

 

[Stella_Omega]

I know. But there was a very real chance that the ruling would favor Prop. 8. It didn't. And it's a huge step.

Would you care to take a victory dance with me about the ballroom, Monsieur Omega? You can lead, of course.

It would be my honor, Miss Thirtyone! Such a swell gown as what you got on, too!

You get the next dance, Bear. How shall we all celebrate? I only wish Safe_Bet were with us. Would you be so kind as to send Amy word from us? That we're thinking of them and celebrating?

Yes to this, thanks for reminding us, 3113

 

[voluptuary_manque]

Message sent.

 

[theravenfox]

Great news! Today California, tomorrow the whole US.

Equal rights for all!!!

 

[JAMESBJOHNSON]

The judge is gay; why did anyone expect a different ruling?

Can you say, CONFLICT OF INTEREST? I thought you could.

 

[theravenfox]

WARNING!

 

[Stella_Omega]

WARNING!

That must be amicus or JIMMYBLOWJOB whining. I looove this plugin!