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U.S. Court Overturns Calif. Same-Sex Marriage Ban
Posted 8/4/2010 at 4:02 PM by Bradlee A in Community Blog
Affiliate: California

A federal judge in San Francisco has ruled the voter-approved Proposition 8 to be unconstitutional, giving a temporary victory to gay rights activists. Proposition 8 banned the marriage of same-sex couples. Many believe the ruling will be challenged all the way to the United States Supreme Court, should they decide to hear the case.

Jesse McKinley and John Schwartz, NY Times wrote:
...the very existence of federal-level ruling recognizing same-sex marriage in California, the nation’s most populous state, set off cheers from crowds assembled in front of the courthouse in San Francisco Wednesday afternoon. Evening rallies and celebrations were planned in dozens of cities across California and several across the nation.

In San Francisco, the plaintiffs’ case was argued by David Boies and Theodore Olson, ideological opposites who once famously sparred in the 2000 Supreme Court battle beween George W. Bush and Al Gore over the Florida recount and the presidency. The lawyers brought the case — Perry v. Schwarzenegger — in May 2009 on behalf of two gay couples who said that Proposition 8 impinged on their Constitutional rights to equal protection and due process.

To read the article in full, please click here.


For more information on PeaceJam's Global Call to Action issue Social Justice and Human Rights for All, please click here.
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Bradlee A wrote:
I'm so happy about this ruling and I can't wait for it to go all the way to the Supreme Court. I'm hoping by then we'll have a more left leaning court, as I've heard the current court is one of the most conservative in history. Still, I have hope.
posted 8/4/2010 at 4:05 PM
Tyler F wrote:
Me too.. but I heard that the judge who ruled it was gay.
posted 8/5/2010 at 5:42 AM
Carolyn D wrote:
Tyler F wrote:
Me too.. but I heard that the judge who ruled it was gay.

Why would it matter if he is gay? Your sexual orientation doesn't interfere with your ability to do your job- in this case, interpret the Constitution.
The fact is that regardless of his sexual orientation, he was appointed by Ronald Reagan and then again by George H.W. Bush, two conservative Presidents. In fact, Nancy Pelosi and other Democrats opposed his appointment at the time because of his "insensitivity" towards gays and the poor.
More information on Judge Walker.
A link to the entire decision.
posted 8/5/2010 at 8:33 AM
Dawn E wrote:
Wow, I did not know that it was a Reagan/Bush appointee who made this ruling... that makes the story even more interesting!
posted 8/5/2010 at 9:33 AM
Betsy L wrote:
Excellent research, Carolyn! Thanks for the info.
posted 8/5/2010 at 10:02 AM
Bradlee A wrote:
Definitely great research! And like Dawn said, that adds a whole new and exciting dimension to the story.
posted 8/5/2010 at 10:09 AM
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