Gay Judge Rules Against Regular Marriage
An openly gay federal judge in California has struck down that state's ban on same-sex marriage, saying Proposition 8, passed by voters two years ago, is unconstitutional.
Chief U.S. District Judge Vaughn Walker's decision on Prop. 8 is hardly the final word in the matter. Both sides had said they would appeal the ruling if it wasn't in their favor. The case would go first to the 9th U.S. Circuit Court of Appeals and eventually to the Supreme Court, if the justices agreed to review it.
Walker wrote that Prop. 8 "fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license." Why Walker did not recuse himself from the case is unclear, as he is an admitted homosexual himself. But he did not. He went on to write, "Plaintiffs challenge Proposition 8 under the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Each challenge is independently meritorious, as Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation."
The nation's largest gay rights group, The Human Rights Campaign, hailed the judge's decision. Even the Republican Governor, who has been swinging further and further to the left, praised the decision.
Olson and Boies argued the plaintiffs case, 10 years after they were on opposite sides of the Supreme Court battle between George W. Bush and Al Gore over the Florida presidential vote recount.
Prop. 8's sponsors filed papers Tuesday in anticipation of losing. They asked Walker, if he were to rule against them, to leave the ban intact while they appeal. Perry v. Schwarzenegger is the first federal court case to determine if states can prohibit gays from getting married without violating the constitutional guarantee of equality. The lawsuit, brought by two same-sex couples and the city of San Francisco, claimed that Prop 8 infringes the civil rights of gay men and lesbians.
Proposition 8 was approved by 52 percent of voters in November 2008. The ballot measure followed the state Supreme Court's legalization of same-sex marriage five months earlier. Supporters said Prop 8 was necessary to safeguard traditional marriage and to encourage responsible childbearing. Opponents said that such concerns were not sufficient grounds to discriminate against gay couples.
According to the Los Angeles Times, Walker, 66, is openly gay. It would seem an obvious conflict of interest for him to even hear the case. See Chick's THE GAY BLADE.
Chief U.S. District Judge Vaughn Walker's decision on Prop. 8 is hardly the final word in the matter. Both sides had said they would appeal the ruling if it wasn't in their favor. The case would go first to the 9th U.S. Circuit Court of Appeals and eventually to the Supreme Court, if the justices agreed to review it.
Walker wrote that Prop. 8 "fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license." Why Walker did not recuse himself from the case is unclear, as he is an admitted homosexual himself. But he did not. He went on to write, "Plaintiffs challenge Proposition 8 under the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Each challenge is independently meritorious, as Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation."
The nation's largest gay rights group, The Human Rights Campaign, hailed the judge's decision. Even the Republican Governor, who has been swinging further and further to the left, praised the decision.
Olson and Boies argued the plaintiffs case, 10 years after they were on opposite sides of the Supreme Court battle between George W. Bush and Al Gore over the Florida presidential vote recount.
Prop. 8's sponsors filed papers Tuesday in anticipation of losing. They asked Walker, if he were to rule against them, to leave the ban intact while they appeal. Perry v. Schwarzenegger is the first federal court case to determine if states can prohibit gays from getting married without violating the constitutional guarantee of equality. The lawsuit, brought by two same-sex couples and the city of San Francisco, claimed that Prop 8 infringes the civil rights of gay men and lesbians.
Proposition 8 was approved by 52 percent of voters in November 2008. The ballot measure followed the state Supreme Court's legalization of same-sex marriage five months earlier. Supporters said Prop 8 was necessary to safeguard traditional marriage and to encourage responsible childbearing. Opponents said that such concerns were not sufficient grounds to discriminate against gay couples.
According to the Los Angeles Times, Walker, 66, is openly gay. It would seem an obvious conflict of interest for him to even hear the case. See Chick's THE GAY BLADE.
posted by chickcomics | 8:51 PM
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