by Theresa Ann White

Created on: December 14, 2010

In what could become a landmark ruling for legalizing same sex marriage, a federal judge appointed by former Pres. Ronald Reagan overturned California’s Proposition 8, which had effectively outlawed same sex marriages.

Advocates of same sex marriages declared a legal victory in this recent ruling, although they are aware that the ruling will likely move to the 9th U.S. Circuit Court of Appeals, and may then advance to the U.S. Supreme Court.

In his 136-page opinion, Chief U.S. District Judge Vaughn Walker (San Francisco) stated 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."

Walker likened the prohibition against same sex marriage partners to previous discrimination based on the race of partners.  "Gender no longer forms an essential part of marriage; marriage under law is a union of equals," wrote Walker.

The case was presented on the question of its constitutionality, in particular the due process and equal protection rights provided in the U.S. Constitution.

However, in a separate order, Walker issued a stay of Proposition 8, keeping it in effect temporarily. Both sides have three days to present a response to the order.

Reactions to the ruling ranged from affirmation to condemnation. Exultant LGBT supporters gathered in San Francisco’s historic Castro district to celebrate the decision with speeches and the first of many rallies across the state and the nation.

David Boies, one of the winning attorneys who argued against Prop 8, noted that the opposition could not present “empirical evidence” to prove their case that homosexual marriages would endanger heterosexual marriage. “Their best case didn’t have any rational basis for this kind of discrimination,” he stated.

California Gov. Arnold Schwarzenegger noted that the decision “affirms the full legal protections and safeguards I believe everyone deserves.” U.S. Rep. Lamar Smith, R-Texas announced his intention to introduce a resolution in Congress which condemns the ruling and asks for an immediate appeal.

The White House issued the following statement on behalf of President Obama. "The president has spoken out in opposition to Proposition 8 because it is divisive and discriminatory. He will continue to promote equality for LGBT Americans."

Same-sex marriage is legalized in five states: Massachusetts, Connecticut, Vermont, Iowa, New Hampshire, and in the District of Colombia. In New Jersey, civil unions are legalized.

 References:

CNN Wire Staff.  (2010, August) 5) Judge overturns California’s ban on same-sex marriage. Retrieved from http://www.cnn.com/2010/US/08/04/california.same.sex .ruling/index.html

Ruling on Proposition 8. (2010, August 4). U.S. District Court for the Northern District of California.  Retrieved from http://i.cdn.turner.com/cnn/2010/images/08/04/prop8r uling.pdf

Tyler, C. (2010, August 4) Judge rules Prop 8 unconstitutional. ABC Local News. Retrieved from http://abclocal.go.com/kgo/story?section=news/local/ san_francisco&id=7591085

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