A federal judge on Wednesday overturned a California ban on same-sex marriage, ruling that the Proposition 8 ballot initiative was unconstitutional.
The ruling by U.S. District Judge Vaugh Walker, one of three openly gay federal judges in the country, gave opponents of the controversial Proposition 8 ballot a major victory.
It was also a victory for former U.S. Solicitor General Theodore B. Olson and attorney David Boies, who represented opposing sides in 2000 Bush v. Gore presidential election challenge and filed the lawsuit last year in federal court on behalf of two gay men and two gay women who claimed the voter-approved ban violated their civil rights.
Supporters argued the ban was necessary to safeguard the traditional understanding of marriage and to encourage responsible childbearing.
California voters passed the ban as Proposition 8 in November 2008, five months after the state Supreme Court legalized gay marriage.
Both sides previously said an appeal was certain if Walker did not rule in their favor. The case would go first to the 9th U.S. Circuit Court of Appeals, then the Supreme Court if the high court justices agree to review it.
Walker heard 13 days of testimony and arguments since January during the first trial in federal court to examine if states can prohibit gays from getting married.
Bill Jacobson has the full court ruling here. And in an update to the breaking news about Judge Vaughn’s ruling, Fox40 reports:
Judge has issued a stay in his order, meaning no same-sex weddings will take place in California pending an appeal.
For anyone interested in a detailed explanation of my opinion on gay marriage (I oppose it), click here and here. That, and the “rightness or wrongness of the Iraq war” are two topics I rarely ever debate anymore because between my blog and the various political forums I have posted at over the years, I have said pretty much all I can about it – and you just can’t get through to some people, especially those (mainly on the rad-left) who believe you are “bigoted” and “homophobic” for not supporting it. Been there, done that, got the battle scars.
That said, what are your thoughts on the ruling? Not surprisingly Twitter is abuzz right now with people happy about it as well as those who are angry, believing the courts have no right to overrule the will of the people. What say you?