Community Corner

Judge overturns ban on same-sex marriage

Prop. 8 ruled unconstitutional, but temporary stay stops couples from marrying yet.

UPDATE: Marin couples and marriage equality advocates celebrated the court ruling at a "toast for equality" hosted by Marin's Spectrum LGBT Center at Jason's Restaurant in Greenbrae on Wednesday night.

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A federal judge in San Francisco today overturned Proposition 8, California's ban on same-sex marriage, a move that local gay and lesbian advocates called a temporary victory in the long battle for equal rights ahead.

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U.S. District Judge Vaughn Walker said the voter-approved initiative violated the U.S. Constitution's guarantees of equal treatment and due process. But Walker also issued a temporary stay, suspending the ruling until he has had time to consider a request by the supporters of Proposition 8, filed late Tuesday, for a longer-term stay while they appeal his decision. The temporary stay means that same-sex couples are still prohibited from marrying.

Walker ordered lawyers for two same-sex couples who challenged Proposition 8 to respond to the request for a stay by Friday.

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The case was the nation's first federal court trial on a U.S. constitutional challenge to a state ban on same-sex marriage.

Paula Pilecki, executive director of the Spectrum LGBT Center in Marin, said she is pleased that U.S. District Judge Vaughn 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."

Theodore Olson, a lawyer for the two couples, said, "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."

Spectrum plans to hold a "toast for equality" at Jason's Retaurant in Greenbrae at 6 p.m. tonight.

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.

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

"Moral disapproval alone is an improper basis on which to deny rights to gays and lesbians," he continued. "The evidence shows conclusively that Proposition 8 enacts, without a reason, a private moral view that same-sex couples are inferior to opposite-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.

Proposition 8, approved by California voters as a state constitutional amendment in November 2008, provided that "only marriage between a man and a woman is valid or recognized in California."

Gov. Arnold Schwarzenegger issued a statement in response to today's ruling.

"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," Schwarzenegger said.

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."

Bay City News contributed reporting to this article.


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