Prop 8 Overturned

Good news is good.

In a major victory for gay rights activists, a federal judge ruled on Wednesday that a voter initiative banning same-sex marriage in California violated the Constitution’s equal protection and due process rights clauses.

After a five-month wait, 9th Circuit District Court Judge Vaughn Walker offered a 136-page decision in the case of Perry v. Schwarzenegger, firmly rejecting Proposition 8, which was passed by voters in November 2008.

“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.

“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.”

Pretty cut and dry.  There are no good arguments against equal rights for gays.  Of course, when there are no good arguments for something, faith can still allow people to take issue.

“If god doesn’t like the way I live, let him tell me, not you.” ~ Anonymous

I’M AN IDIOT: Bah, this is what I get for not checking the date on posts that get sent to me.  Yup, it’s a year old.  *head desk*  It was a twap!  Cancel the party balloons and the cake (but keep them ready…we’ll need them eventually).

About JT Eberhard

When not defending the planet from inevitable apocalypse at the rotting hands of the undead, JT is a writer and public speaker about atheism, gay rights, and more. He spent two and a half years with the Secular Student Alliance as their first high school organizer. During that time he built the SSA’s high school program and oversaw the development of groups nationwide. JT is also the co-founder of the popular Skepticon conference and served as the events lead organizer during its first three years.

  • Randomfactor

    Um, OK. But then it got appealed and went to the California supreme court for a hearing on standing, and now it’s back before the Ninth Circuit appeals court. So it’s certainly not settled yet.

  • Katherine Lorraine, Chaton de la Mort

    I think this is an accidental repost.

  • garth

    yeah, that’s from 2010, it’s been posted a number of times over the last few years from different articles. I did the same thing last year with a different piece.

  • aleksandrfilipovich

    There has been some movement on Prop 8. Yesterday, the 9th Circuit held hearings for the release of the tapes of the trial and vacating Judge Walker’s ruling (b/c he’s gay). Go to here to read the live blogging of the hearings. Hopefully this will bring us closer to getting it actually overturned. Still a long way to go though, as the proponents will keep stalling for as long as possible.

  • Izzy Leonard

    Old news is old.

  • viddy

    You’re not the only one making this mistake today:

  • Celeste

    Yup, two of my fb friends posted it as well.