California Gay Marriage Ban (Prop 8) Overturned

on August 4, 2010 at 6:08 PM

proposition 8 Big sigh of relief -- I can finally be proud of my home state of California again!

Today, Judge Vaughn R. Walker of Federal District Court in San Francisco overturned the ban on same-sex marriages in California.

In October 2008, I took an oath to be deputized as a marriage commissioner in order to perform the marriage ceremony of my best friend and her girlfriend of five years. It was a lovely day of celebration and family. Less than one month later, however, hell froze over Proposition 8 passed here in California, banning gay and lesbian marriages in this lovely state.

Two gay couples stood up and challenged Proposition 8, saying it violated their federal constitutional right to equal protection. Walker presided over this historic trial in January and June.

The NYT explains the debate in simple terms today:

"Gay rights advocates and civil libertarians have cast the legal battle as a fight for equal rights, while opponents, including many religious conservatives, see same-sex marriage as a threat to the 'traditional family.'"

However, the issue is not so simple for those on either side of the debate. I am fervently opposed to a ban on same-sex marriage. I wholeheartedly agree with Judge Walker and believe this ban is unconstitutional and just plain wrong. Equal rights mean equal rights. The end.

Supporters of the ban led by the National Organization for Marriage and Focus on the Family have promised an appeal, and the case may then go to the Supreme Court.

Until then, I am smiling once again when I think of the state in which I live -- sun, sand, amber waves of grain, and equality for all at last. I am proud to be a Californian.

What do you think about Judge Walker's decision today?

Image via Courage Campaign

About the author Sheri Reed

is a writer and the Entertainment, News & Sports editor for The Stir. She loves a good film, watches lots of good TV and follows Ryan Gosling's every move because she has to -- for work.

Filed Under: human rights, in the news, supreme court, discrimination

Comments (8)

Nonmember comment from sally may

on Aug 4, 2010 at 6:14 PM

it's wrong for any majority to decide if any minority can have equal rights. this has been proved wrong time after time and will be again. go judge walker!

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sstepph

YAY! I feel you should be able to marry whomever you love. Unless they are married to someone else that is..

APeveteaux

on Aug 4, 2010 at 6:44 PM

Hooray! It makes me very proud to be a newly transplanted Californian as well.

momavanessa

on Aug 4, 2010 at 6:59 PM

Gee I am a supporter of prop 8 and there will be appeals.

Nonmember comment from Arcturus

on Aug 4, 2010 at 10:30 PM

The bigger issue here is that for the second time the judiciary has taken upon itself the presumption to overturn the democratic will of a majority of Californians. Everyone seems to forget that Prop. 8 was to overturn the decision of another meddling judge who overturned the majority vote & democratic will of voters. You cannot put something to the vote & then seek to overturn it just because you don't like the outcome. Either you live in a democracy or you do not. Homosexuality or equal rights is not the issue here, people should be terrified that some judge can decide to inflict the will of the overwhelming minority upon everyone else if the minority causes enough noise.

Nonmember comment from llee

on Aug 5, 2010 at 6:43 AM

Judge Walker, a Republican nominated by Regean, stated that "the fact that Prop 8 passed as a voter initiative was irrelevant as 'fundamental rights may not be submitted to [a] vote; they depend on the outcome of no elections.'" With our abundance of bigotries and prejudices, I would hate to see a country in which equal rights could be put to a vote. I have a sad suspicion that hate would win out, much like it did in California with Prop 8.

DebaLa

on Dec 6, 2010 at 9:44 PM

This hasn't been ruled on... yet, but if it DOES get overturned... What else is there to say, Sheri... Woo Hoo ! What's wrong... is wrong. End of story. I'd like to believe it will become and stay law, and isn't Judge Walker just passing the buck to the Supreme Court. Ever hopeful — db, also from California : ) ps: And to the naysayers... we'll remember your comments about meddling judges should any Presidential election ballots ever rear their "hanging chads" again.