Wooot!!! Earlier today we learned that U.S. District Chief Judge Vaughn R. Walker would be releasing his ruling on the constitutionality of the voter approved Proposition 8 (which made same-sex marriage illegal in the State of California in 2009 after the California Supreme Court legalized the practice in 2008) this afternoon. Judge Walker‘s ruling has [...]
Wooot!!! Earlier today we learned that U.S. District Chief Judge Vaughn R. Walker would be releasing his ruling on the constitutionality of the voter approved Proposition 8 (which made same-sex marriage illegal in the State of California in 2009 after the California Supreme Court legalized the practice in 2008) this afternoon. Judge Walker‘s ruling has been announced and I am THRILLED to report that his ruling has overturned Prop 8 as unconstitutional, essentially making same-sex marriage legal once again in the State of California:
In the long-awaited ruling Perry v. Schwarzenegger, 9th Circuit District Court Judge Vaughn Walker handed down a doozy of a ruling: The voter-approved law known as Prop 8, which stripped California’s same-sex couples of the right to marry, is unconstitutional, violating both due process and equal protection clauses … Some main points from the ruling:
• “Plaintiffs do not seek recognition of a new right. To characterize plaintiffs’ objective as ‘the right to same-sex marriage’ would suggest that plaintiffs seek something different from what opposite-sex couples across the state enjoy —— namely, marriage. Rather, plaintiffs ask California to recognize their relationships for what they are: marriages.”
• “Domestic partnerships do not satisfy California’s obligation to allow plaintiffs to marry.”
• “PROPOSITION 8 IS UNCONSTITUTIONAL BECAUSE IT DENIES PLAINTIFFS A FUNDAMENTAL RIGHT WITHOUT A LEGITIMATE (MUCH LESS COMPELLING) REASON. Because plaintiffs seek to exercise their fundamental right to marry, their claim is subject to strict scrutiny. Zablocki, 434 US at 388. That the majority of California voters supported Proposition 8 is irrelevant, as ‘fundamental rights may not be submitted to [a] vote; they depend on the outcome of no elections.’”
• “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.”
• PROPOSITION 8 DOES NOT SURVIVE RATIONAL BASIS. Proposition 8 cannot withstand any level of scrutiny under the Equal Protection Clause, as excluding same-sex couples from marriage is simply not rationally related to a legitimate state interest. One example of a legitimate state interest in not issuing marriage licenses to a particular group might be a scarcity of marriage licenses or county officials to issue them. But marriage licenses in California are not a limited commodity, and the existence of 18,000 same-sex married couples in California shows that the state has the resources to allow both same-sex and opposite-sex couples to wed. See Background to Proposition 8 above.”
Head over to Queerty HERE to read the full text of Judge Walker‘s ruling. On all the main, very important parts of the case, Judge Walker sided with supporters of same-sex marriage and has issued a landmark ruling outlining his determination that banning same-sex marriage goes against the US Constitution, the supreme law of the land. This is a huge victory and a huge step towards the legalization of same-sex marriage here in the entire US … but the fight is not over yet. Opponents of same-sex marriage will surely file an appeal to the Court of Appeals for the Ninth Circuit to seek a ruling in their favor … but, as my friend Loy made sure to make me aware, today is a day for CELEBRATION!! This is really fantastic news … but, again, we must press forward. This decision will be appealed, very likely all the way to the US Supreme Court. But make no mistake — this is a great first step towards true marriage equality in the US of A!!
[Source]
Bar Refaeli
Malin Akerman
Mila Kunis
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