Here’s a key paragraph from his 136-page ruling: “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.”
Another excerpt: “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.”
Both sides have said an appeal to the 9th US Circuit Court of Appeals was certain regardless of the outcome today. The case could then go to the United States Supreme Court, provided the high court’s justices opted to hear it.
Here is a LINK to the full text of the ruling.
Karen Ocamb of LGBT POV reports: “The judge found that Prop 8 is unconstitutional and enjoined it enforcement. He ordered that all defendants stop enforcing Prop 8 and start allowing same sex couples to marry again. He directed the clerk to enter the judgment. … The judge also found that there was not even a rational basis for excluding same sex couples from marriage. He described the evidence as overwhelming that the measure was unconstitutional.”
PLAINTIFF’S REACT: The plaintiffs in the case are two couples who want to marry but who were blocked by Prop 8: Kris Perry and Sandy Stier and Paul Katami and Jeff Zarrillo.
"We came court to seek for Kris, Sandy, Paul and Jeff the same right to marry that all other Americans enjoy, and to ensure that they receive equal protection under the law as guaranteed to every American by the Constitution. Through its decision today, the court has acted in the best traditions of a legal system established to uphold the Constitution and the principles of equality upon which this nation was founded,” said attorney Theodore B. Olson. “On no less than 14 occasions, the Supreme Court has held that marriage is a fundamental right. This decision recognizes that Proposition 8 denied the plaintiffs, and tens-of-thousands of other Californians, that fundamental constitutional right and treated them unequally.”
The Supreme court has long held that marriage is a fundamental right. Equal protection under the law is guaranteed by the U.S. Constitution, and this ruling affirms that universal right of every American,” plaintiff’s attorney David Boies said. “Depriving the fundamental right to marry causes grievous harm to millions of Americans and their children.”
Said Perry: “For our entire lives, our government and the law have treated us as unequal. This decision to ensure that our constitutional rights are as protected as everyone else’s makes us incredibly proud of our country.”
Said Stier: “Kris and I have raised four children, own a home and have professional careers. But because of Proposition 8, our family is still not complete. For us, equal rights are about our family having the recognition and protections that other families have.”
Said Katami: “We just want to get married, just like our friends, family and relatives can. We are thankful to live in a nation of equal laws.”
Said Zarrillo: “We hope this decision brings us closer to the day when Americans no longer have to fight in court for the rights the Constitution says we all already have. We are grateful that the American Foundation for Equal Rights, Ted Olson and David Boies came together to fight for us, and millions of others, so that finally, every American will truly be equal under the law.”
American Foundation of Equal Rights Board President Chad Griffin (pictured, left) said in a statement: “This decision follows the founding constitutional principle that every American is to be treated equally under the law. No law may violate the U.S. Constitution, and our courts were established to protect against unfair laws. Today was an example of our nation living up to its founding ideals.”
In response to the ruling, Geoff Kors, executive director for Equality California, which filed an amicus brief supporting the Prop. 8 federal challenge, issued the following statement:
“We are thrilled with today’s ruling, which affirms that the protections enshrined in our U.S. Constitution apply to all Americans and that our dream of equality and freedom deserves protection. Judge Walker has preserved our democracy by ruling that a majority cannot deny a minority group of fundamental freedoms. This is as much a victory for the soul of our nation as it is for the thousands of same-sex couples and their families who will be directly impacted.
“We are truly indebted to Ted Olson and David Boies and to the American Foundation for Equal Rights. We owe Governor [Arnold] Schwarzenegger and Attorney General Jerry Brown a great deal of gratitude for their unprecedented decision not to defend this discriminatory measure. While this is a great success, we also know that the road to restore the freedom to marry could be a long one and that we must do everything in our power to protect this incredible victory. Equality California will do its part by working to elect a governor and attorney general this fall who refuse to spend tax-payer dollars to overturn this decision. We are also ready to battle the National Organization for Marriage this fall to keep their toxic agenda out of our state.
“Finally, together with thousands of volunteers we will keep sharing our stories in communities throughout California so that we continue building public support for the freedom to marry, which is essential to permanently restoring marriage equality in California.”
GLAAD (Gay and Lesbian Alliance Against Defamation) said in a statement:
More and more Americans are supporting equality, and it is the stories of same-sex couples that are leading that charge across the nation,” said GLAAD President Jarrett Barrios. “Today’s decision comes after same-sex couples from across California shared their personal stories with Judge Vaughn Walker and the public, helping to show that all loving and committed couples – straight and gay – should have the same opportunity to take care of and be responsible for each other. We urge media to highlight the couples impacted by today’s decision to grant them the liberty and equality upon which our nation was founded.”
This quote is especially moving as it comes from murdered gay college student Matthew Shepard’s mother Judy Shepard who tirelessly – and successfully – fought for federal hate crimes legislation: “After Matt came out to me, he once asked me if I thought gay couples would ever be allowed to get married. I told him I didn’t think it would happen in my lifetime, but it probably would in his. It’s so sad, and ironic, that it turned out to be the other way. But this case warms my heart, to think that his dream is still coming true.”
