Prop 8 Has Been Overturned!

Hip hip horray for the gays in California. This is unbelievable news! Yesterday, a federal judge ruled “that a voter initiative banning same-sex marriage in California violated the Constitution’s equal protection and due process rights clauses.” It took five months, but finally the 9th Circuit District Court Judge Vaughn Walker gave a 136-page decision in the case and firmly rejected Proposition 8, which was passed by voters in November 2008 reports the Huffington Post.

“Although Proposition 8 fails to possess even a rational basis, the evidence presented at trial shows that gays and lesbians are the type of minority strict scrutiny was designed to protect,” Walker ruled. “Proposition 8 places the force of law behind stigmas against gays and lesbians, including: gays and lesbians do not have intimate relationships similar to heterosexual couples; gays and lesbians are not as good as heterosexuals; and gay and lesbian relationships do not deserve the full recognition of society.”

This is an unbelievable step forward and true reason to celebrate. This is the first judgement to be offered by a federal court with respect to laws banning gay marriage at the state level. Also, it promises to have massive reverberations across the political and judicial landscape not unlike New York’s decision to honor gay marriages earlier this year.


Marriages can’t continue legally immediately in California however; the decision has been stayed until August 6 to consider arguments regarding an appeal. The Governor of California, Arnold Schwarzenegger stated “today’s decision is by no means California’s first milestone, nor our last, on America’s road to equality and freedom for all people.” In deciding the case, Walker offered a variety of findings that may be as important as the ruling itself. See them below.

  • David

    This article is from a year ago…we are still waiting for the US Supreme Court to see this case.