Prop 8 Ruling Quotes

Dammit, the folks at Prop 8 Trail Tracker beat me to it: they read the ruling and posted their favorite quotes. I still plan to do this myself, but until I do, go check out theirs. Brilliant and amazing are only two of the many words I would use to describe them.

I seriously can’t wait to read the whole thing.


Ninth Circuit Rules Prop 8 Unconstitutional

Now this is some news that will get a night shift gal out of bed in the early afternoon: has received the 9th Circuit’s opinion in Perry v. Brown that Proposition 8, the 2008 voter-enacted ban on marriage equality in California, is unconstitutional. In addition, the appeals panel ruled that the proponents of Prop 8 did have standing to pursue their appeal of Judge Walker’s decision striking down the marriage ban, and upheld District Court Judge Ware’s decision denying a stay to throw out Walker’s ruling because he is gay. The ruling on constitutionality was divided on an 2-1 vote, with Judges Stephen Reinhardt and Michael Hawkins voting to strike Prop 8 down, and Judge N. Randy Smith voting to uphold the ban. The ruling regarding standing and the motion to throw out Judge Walker’s decision was a unanimous 3-0 vote.”

This is exciting news. Follow the link–Prop 8 Trial Tracker is the best resource for this case. It is the very same site, in fact, that live-blogged the original trial, over which Judge Vaughn Walker presided.

What’s next? According to the above resource, the proponents of Prop 8 could appeal either to have the case heard in front of the entire Ninth Circuit, or it could go to the Supreme Court.

The Supreme Court, obviously, is a very big deal. I doubt very much that the Court would refuse to hear this case, as it is one of the most popular and relevant questions in U.S. law at the moment.

I can’t wait to read the whole ruling, which is linked here. If I get a chance before work tonight (ha!) I’ll post my thoughts on it, as well as some choice snippets.

(Amusing side note: the Courage Campaign beat the New York Times in sending me an e-mail to inform me. Go CC!)

Prop 8 Hearing Continuing Now.

C-Span is airing the appeal live for Proposition 8 right now. Tune in if you are able. If not, Prop 8 Trial Tracker is live blogging from the courtroom. I am watching it the proceedings now, and am also tweeting summaries and my own commentary on this blog’s Twitter account. Follow me to keep up with the arguments!

Edit: Now that the court has adjourned, tune into Prop8TrialTracker for analysis and discussion. Sadly I cannot participate until later tonight, but that doesn’t mean you can’t!

Judge Walker Rules Prop 8 UnConstitutional

I literally screamed out loud when I read this. I’d been following the trial on Prop 8 Trial Tracker–Judge Walker is one of the best allies I’ve ever seen–during the trial, he let no BS in his Court. Attorneys Ted Olsen and David Boies represented the plaintiffs in the case, officially called Perry v. Schwarzenegger. Olsen and Boies, if you recall, were opposing attorneys in the infamous Bush v. Gore case.

Here is an excerpt from the decision:

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.  Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis,the court concludes that Proposition 8 is unconstitutional.

Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8.  California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same-sex couples and has not suffered any demonstrated harm as a result, see FF 64-66; moreover, California officials have chosen not to defend Proposition 8 in these proceedings.

Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8. The clerk is DIRECTED to enter judgment without bond in favor  of plaintiffs and plaintiff-intervenors and against defendants anddefendant-intervenors pursuant to FRCP 58.


Judge Walker found Proposition 8 illegal under both the Equal Protection and Due Process and quotes both Loving v. Virginia and Griswold v. Connecticut in his decision.

This is a huge victory. Celebrate it.

Because it will most certainly be appealed.

Read the whole decision here.