(CNN) -- A federal judge in California on Wednesday overturned the state's ban on same-sex marriage, saying the voter-approved rule violated the constitutional rights of gays and lesbians.
The decision, issued by Chief U.S. District Judge Vaughn Walker in San Francisco, is an initial step in what will likely be a lengthy legal fight over California's Proposition 8, which defined marriage as a union between a man and a woman.
At stake in the trial was whether California's ban on same-sex marriage violated the constitutional rights to equal protection and due process of two gay couples that want to marry.
The case was watched closely by both supporters and opponents of same-sex marriage, as many say it is likely to wind its way up to the U.S. Supreme Court. If it does, the case could end in a landmark decision on whether people in the United States are allowed to marry people of the same sex.
"We are thrilled with today's ruling, which affirms that the protections enshrined in our U.S. Constitution apply to all Americans and that our dream of equality and freedom deserves protection," said Geoff Kors, executive director for Equality California, shortly after the decision.
Kristin Perry and Sandy Stier, along with Jeffrey Zarrillo and Paul Katami, are the two couples at the heart of the case, which if appealed would go next to the 9th U.S. Circuit Court of Appeals before possibly heading to the U.S. Supreme Court.
Outside a San Francisco courthouse, a small group of same-sex marriage supporters waited for the decision. They waved flags and carried signs that read: "We all deserve the freedom to marry." Rallies were planned for later in the day.
Proposition 8 is part of a long line of seesaw rulings, court cases, debates and protests in California over the hotly debated issue of same-sex marriage. It passed with some 52 percent of the vote in November 2008.
Prior to Wednesday's decision, Rick Jacobs, founder of the Campaign Courage, which supports same-sex marriage, said he was hopeful about the possibility of victory, but prepared for a long legal battle.
Same-sex marriage is currently legal in five U.S. states and in the District of Colombia. Civil unions are permitted in New Jersey.
"The significance of the case is earth-shattering," said Jacobs.
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Governor Arnold Schwarzenegger today issued the following statement after U.S. District Judge Vaughn Walker issued a ruling invalidating Proposition 8:
“Judge Walker had the great responsibility of deciding whether Proposition 8 violates the Constitution of the United States. He heard in-depth arguments from both sides on fundamental questions of due process, equal protection and freedom from discrimination. There are strong feelings on both sides of this issue, and I am glad that all viewpoints were respected throughout the proceedings. We should also recognize that there will continue to be different points of view in the wake of this decision.
“For the hundreds of thousands of Californians in gay and lesbian households who are managing their day-to-day lives, this decision affirms the full legal protections and safeguards I believe everyone deserves. At the same time, it provides an opportunity for all Californians to consider our history of leading the way to the future, and our growing reputation of treating all people and their relationships with equal respect and dignity.
“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.”
*MySmiley*
Robert Graves "There is no money in poetry, but then there is no poetry in money, either."
Henning Mankell "We must defend the open society, because if we start locking our doors, if we let fear decide, the person who committed the act of terror will win"
Robert Graves "There is no money in poetry, but then there is no poetry in money, either."
Henning Mankell "We must defend the open society, because if we start locking our doors, if we let fear decide, the person who committed the act of terror will win"
Judge rules California's ban on same-sex marriage is unconstitutional
04/08/2010 10:40:50 PM
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Good news, but as the article says, it'll go all the way to the SC.
04/08/2010 10:55:58 PM
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So then is that how we do it?
04/08/2010 11:01:19 PM
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Of course.
04/08/2010 11:04:59 PM
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His point was
04/08/2010 11:40:14 PM
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Yeah but: What Ghavrel said below *NM*
05/08/2010 08:01:02 AM
- 433 Views
And again...
05/08/2010 06:08:56 PM
- 593 Views
To quote my property professor: "Can I make you think like a Californian?"
05/08/2010 06:39:48 PM
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I'm not the one who came up with the referendum system, you do realize.
04/08/2010 11:11:13 PM
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The referendum system, in my opinion, has been a failure, especially in CA.
04/08/2010 11:46:21 PM
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democracy has been a failure in CA.
05/08/2010 02:42:21 PM
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No. It just shows the problems of a crazy electorate.
05/08/2010 03:29:21 PM
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we vote fro way to much crap in general
05/08/2010 02:41:19 PM
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Yes, you still have to abide by the Constitution, even if a lot of people don't like it. *NM*
05/08/2010 12:07:44 AM
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Amend the Constitution to alter the Fourteenth Amendment if you don't like it. *NM*
05/08/2010 01:09:51 AM
- 446 Views
just a devil's advocate position here, but....
05/08/2010 04:23:43 AM
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Marriage is either an economic status regulated by law or a religious institution.
05/08/2010 05:13:17 AM
- 777 Views
There are certain things that should not be decided by a vote...
05/08/2010 02:02:45 AM
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I do agree with you on that. Hell yes, and on a subject like this in particular.
05/08/2010 02:17:24 AM
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Re: I do agree with you on that. Hell yes, and on a subject like this in particular.
05/08/2010 10:46:54 AM
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I understand it.
05/08/2010 03:06:40 PM
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I know you don't support proposition 8
05/08/2010 03:29:34 PM
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05/08/2010 03:34:01 PM
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But that is just simplistic and silly to complain about when it is a long standing possibility
05/08/2010 03:46:59 PM
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Oh, ees it?
05/08/2010 04:07:39 PM
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Well they knew the rules before they started the whole thing
05/08/2010 04:12:33 PM
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Why would you complain if you won?
05/08/2010 04:15:20 PM
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You could recognise that you won by the system working in a way you don't like?
05/08/2010 04:23:58 PM
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I'm sure that happens, in general.
06/08/2010 02:43:18 PM
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It seems to happen a lot nowadays
06/08/2010 03:06:33 PM
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It's so weird that you feel differently - there is only room for one opinion here!
06/08/2010 03:41:52 PM
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instead it should be decided by judges who answer to no one? *NM*
05/08/2010 07:12:59 AM
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The same judges who upheld our private right to bear arms.
05/08/2010 02:09:07 PM
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not when judges stop using the Constitution
05/08/2010 02:30:51 PM
- 740 Views
Sexual preference is not the right being protected.
05/08/2010 03:22:04 PM
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I know that the 14th amendment is routinely used in ways it was never intended.
05/08/2010 05:25:07 PM
- 720 Views
I realize that, but it is ultimately a good thing.
05/08/2010 05:31:19 PM
- 792 Views
let's take away the citizenship of all black people if that's the way you think
05/08/2010 09:06:23 PM
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Come now lets not be stupid
06/08/2010 05:31:18 PM
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sorry but your statement was completely ignorant.
06/08/2010 07:27:09 PM
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I will talk as soon as you stop spouting stupid rhetoric and say something relevant
06/08/2010 07:54:09 PM
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Let's just be clear about which amendment is which.
05/08/2010 11:50:57 PM
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but that still ignores intent and expands the law in ways not intnented when it created
06/08/2010 04:53:43 AM
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Yes, no, no, and no.
06/08/2010 05:29:09 AM
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there are serious flaws in your thinking here
06/08/2010 06:18:13 PM
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Your assertions continue to lack support.
06/08/2010 07:23:17 PM
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not all you just refuse to see things you disagree with
06/08/2010 08:36:32 PM
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...said the pot to the kettle
06/08/2010 09:17:28 PM
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yes but a shiny stainless steel pot
09/08/2010 11:21:33 PM
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You continue to be wrong about history and the role of courts.
10/08/2010 01:05:39 AM
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If he's wrong, a lot of law scholars and Supreme Court Justices are wrong.
10/08/2010 01:44:05 AM
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Brown vs. Board of Education, 'nuff said. *NM*
10/08/2010 04:32:37 AM
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Actually, that only proves his point, if I understand correctly. *NM*
10/08/2010 11:11:19 AM
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part oif the problem appears to be you completely missing the point
10/08/2010 01:23:19 PM
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There's a simple way to determine the degree to which that opinion is objective or subjective...
06/08/2010 09:32:21 PM
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Since when is marriage a right? *NM*
05/08/2010 04:11:16 PM
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it may not be a "right"...
05/08/2010 04:22:44 PM
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It's a benefit that is being extended selectively to one set of the populace.
05/08/2010 04:52:52 PM
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Hey, I'm single....
05/08/2010 05:05:41 PM
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That's a specious argument and you know it.
05/08/2010 05:13:17 PM
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A homosexual has every opportunity as well.....
05/08/2010 05:23:56 PM
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Oh quit the bullshit already.
05/08/2010 05:29:15 PM
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Sorry, but what a nonsense.
05/08/2010 09:27:17 PM
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hey that's it, jens! you solved the WHOLE PROBLEM!!!
05/08/2010 11:24:29 PM
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ON TO WORLD HUNGER!
06/08/2010 07:59:51 AM
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LET THEM HAVE CAEK. *NM*
06/08/2010 02:29:56 PM
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Are you sure it's wise to feed people on a lie? *NM*
06/08/2010 02:34:26 PM
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People are fed lies all the time
06/08/2010 09:30:37 PM
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Quite so, but I don't think it's commonly a mainstay of their diet *NM*
06/08/2010 09:50:33 PM
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It is the only thing which is abundant enough for everyone to have some... *NM*
06/08/2010 10:01:44 PM
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I invite you to read the judge's conclusions, linked again inside.
05/08/2010 11:43:44 PM
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Since 1948
06/08/2010 04:01:02 AM
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gah. can. only. see. typo. *NM*
06/08/2010 03:43:21 PM
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I don't see any typo... *NM*
06/08/2010 04:07:18 PM
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I agree
05/08/2010 07:22:17 AM
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And Civil Rights lost the Democrats the South.
05/08/2010 03:44:56 PM
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but it was done by congress passing laws and the president signing those laws
05/08/2010 04:20:19 PM
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I was under the impression that the supreme court had a role in it
05/08/2010 04:31:51 PM
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but the court was not over turning the laws passed by congress
05/08/2010 05:11:06 PM
- 706 Views
No, like in this case, isn't it?
05/08/2010 05:24:19 PM
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I would say that is another case of judicial activism and shows the danger of the practice
05/08/2010 05:43:02 PM
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Hard to believe it's the same governor who said "Gay marriage should be between a man and a woman." *NM*
04/08/2010 11:05:45 PM
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Another step in the right direction. *NM*
04/08/2010 11:08:15 PM
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Link to the full court order inside:
04/08/2010 11:43:29 PM
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The judge quoting Scalia in favour of gay marriage is fairly amusing.
04/08/2010 11:50:47 PM
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What page was that on?
05/08/2010 11:25:49 AM
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Nah, it was way above page 109, in the findings of fact somewhere.
05/08/2010 12:37:48 PM
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Oh, that is brilliant.
05/08/2010 01:12:21 PM
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Pretty much.
05/08/2010 01:44:22 PM
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I've always wondered what basis there is for banning necrophilia if "it's disgusting" is invalid.
05/08/2010 01:51:19 PM
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because you cannot give consent when you are dead?
05/08/2010 03:04:46 PM
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what if you give consent while you are still alive?
05/08/2010 03:21:59 PM
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Is it then illegal?
05/08/2010 03:23:46 PM
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given I imagine the pro-necrophilia lobby isn't strong in numbers or influence
05/08/2010 03:33:11 PM
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Re: given I imagine the pro-necrophilia lobby isn't strong in numbers or influence
05/08/2010 03:34:57 PM
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I would think it would be illegal even then
05/08/2010 03:34:31 PM
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Wikipedia to the rescue!
05/08/2010 04:20:15 PM
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you would hope the other states would cover it under improper treatmentof human remains
05/08/2010 07:38:59 PM
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A dead body is just an object, not a person with rights.
05/08/2010 03:27:08 PM
- 732 Views
Yes, but
06/08/2010 08:42:05 AM
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Absolutely not.
06/08/2010 03:21:14 PM
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not to mention necrophilia has a large potential to be hazardous to health.
06/08/2010 09:42:43 PM
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Irrelevant decision.....this was heading to SCOTUS from day 1 *NM*
05/08/2010 12:53:26 AM
- 413 Views