Federal Judge Overturns Proposition 8

A federal judge on Wednesday ruled that Proposition 8, the 2008 referendum that defined marriage as between a man and a woman, is unconstitutional.

The highly anticpated ruling from Chief U.S. District Court Judge Vaughn Walker declared the amendment to the state Constitution invalid in a victory for same-sex marriage proponents. 

Paula Pilecki, executive director of  the Spectrum LGBT Center in San Rafael, said she is pleased that Walker upheld the right of equality for same-sex couples under the U.S. Constitution. 

"The ruling reflects the growing consensus in courtrooms and legislatures across the country, and around the world, that there is no good reason to exclude same-sex couples from marriage," Pilecki said. "Marriage equality opponents built their case on discriminatory, fear-mongering arguments, and have tried over and over again to frame same-sex marriage as detrimental to our society.  Judge Walker ruled that there is no substance to these or any other arguments from those who wish to deny equality to same-sex couples."

Even as this decision is a victory for same-sex couples in California, Pilecki said, 44 states continue to deny same-sex couples the freedom to marry, and federal marriage discrimination persists.  

"We must continue to work toward eliminating the unfairness of both state and federal laws that prohibit same-sex couples from marrying," Pilecki said. "Today's ruling by Judge Walker powerfully confirms the growing consensus that same-sex couples deserve basic fairness."

Proponents of the measure, who argued that same-sex marriage was not good for families or children, are expected to appeal.

Walker also issued a temporary stay suspending the ruling until he has had time to consider a request by the supporters of Proposition 8 for a longer-term stay while the appeal is in place. He ordered lawyers for two same-sex couples who challenged Proposition 8 to respond to the request for a stay by Friday. He said he may then decide whether to grant a further stay without holding a hearing.

The proponents of Proposition 8 and their campaign committee, ProtectMarriage.com, asked for the stay in a filing late Tuesday, in advance of Wednesday's ruling. The case is the nation's first federal court trial on a U.S. Constitutional challenge to a state ban on same-sex marriage. Walker heard evidence in the non-jury trial in January.

Theodore Olson, a lawyer for the two couples who brought the suit, said that 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, Olson said.

Walker's 136-page ruling rejected Proposition 8 sponsors' arguments that voters had a rational basis for enacting the measure to protect the traditional definition of marriage and to encourage responsible child-rearing. Walker wrote, "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."

 The judge issued a permanent injunction prohibiting enforcement of Proposition 8, but the injunction will go into effect only if and when the stay is lifted. If Walker declines to continue the stay, Proposition 8 supporters can ask the 9th U.S. Circuit Court of Appeals to grant a stay while the case is appealed. The appeal could take months.

 Gov. Arnold Schwarzenegger issued a statement in response to Wednesday's ruling, saying the decision affirms the full legal protections and safeguards everyone deserves.

"At the same time, it provides an opportunity for all Californians to consider our history of leading the way to the future, and our growing reputation of treating all people and their relationships with equal respect and dignity," Schwarzenegger said.

Tiburon resident Jeanne Rizzo was at San Francisco City Hall Wednesday afternoon celebrating the ruling. She and her partner, Pali Cooper, were married in Sept. 2008, just two months before the passage of the Nov. 2008 ballot measure. She said after hearing the closing arguments in June, she felt that the ruling would be in favor of the same-sex marriage proponents.

"It was so strong," Rizzo said. "I felt there was no way we couldn't win."

Bay City News Service contributed to this article.