Prop 8 Struck Down

Above: Opponents of Proposition 8 cheer after hearing the decision
in the United States District Court proceedings challenging Proposition 8
outside of the Phillip Burton Federal Building in San Francisco,
Wednesday, Aug. 4, 2010. (Photo: Jeff Chiu / AP)

Now here's some good news to end the day on:

A federal judge today struck down Proposition 8, the voter-passed November 2008 initiative that defined marriage as the union of a man and a woman.

U.S. District Judge Vaughn Walker found that the ban on same-sex marriage violated the constitutional due process and equal protection rights of a pair of couples - one lesbian and one gay - who sued.

The judge ordered an injunction against enforcement of Prop. 8 but issued a temporary stay until he decides whether to suspend his ruling while it is being appealed. The stay means that same-sex couples are still prohibited from marrying.

"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license," Walker wrote in a 136-page ruling.

He said the ballot measure "prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis."

The constitutional right to marry, Walker said, "protects an individual's choice of marital partner regardless of gender." He also said domestic partnerships in California, available to same-sex couples, are a "substitute and inferior institution" that lack the social meaning and cultural status of marriage.

Gov. Schwarzenegger issued a statement saying, "For the hundreds of thousands of Californians in gay and lesbian households who are managing their day-to-day lives, this decision affirms the full legal protections and safeguards I believe everyone deserves."

Prop. 8's sponsors are planning an immediate appeal.

To read the entire San Francisco Chronicle article from which the above was excerpted, click here.

Above: Plaintiffs Paul Katami, center, and Jeff Zarillo
hold hands as their attorney, Theodore B. Olson, answers questions
at a press conference Wednesday, August 4, 2010, in San Francisco.
(Photo: Lacy Atkins / The Chronicle)

Above: Same-sex couple Shelly Bailes (left) and Ellen Pontac celebrate the ruling
to overturn the ban on gay marriage outside of the Philip Burton Federal building,
August 4, 2010 in San Francisco, California.
(Photo: Justin Sullivan / Getty Images)

Image 2: Vanessa Judicpa, 32 (right), and Maria Ydil, 31, both of San Francisco, Calif., make their way up the interior steps of City Hall to get a blessing on their union by Rev. Roland Stringfellow (center) after having their application for marriage put on hold following the overturning of Proposition 8 in San Francisco, Calif., on Wednesday, August 4, 2010. (Photo: Chad Ziemendorf / The Chronicle)


Recommended Off-site Links:
Prop 8 Overturned: The Facts, Not the Law, Matter - Marc Ambinder (The Atlantic, August 4, 2010).
The Judge Decides in California's Prop 8 Case - Colleen Kochivar-Baker (Enlightened Catholicism, August 4, 2010).
Prop 8 Declared Unconstitutional - William D. Lindsey (Bilgrimage, August 4, 2010).
Gay Marriage: The Fallacy of the "Catholic" Argument Against - Terence Weldon (The Open Tabernacle, August 4, 2010).

See also the following chronologically-ordered Wild Reed posts:
Fr. Geoff Farrow on Proposition 8
Unrest in California Over Passing of Proposition 8
In the Aftermath of Prop 8, a Chance to "Join the Impact"
Keith Olbermann on Proposition 8
Prop 8 Protests in Minnesota
Catholics Join in Nationwide Protests of Prop 8
Love Will Prevail
The "Strange Decision" of the California Supreme Court