Proposition 8 Overturned, Judge Vaughn Walker Ruled Ballot Unconstitutional

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Proposition 8 Overturned, Judge Vaughn Walker Ruled Ballot Unconstitutional

U.S District Judge Vaugh Walker ruled that the Proposition 8 ballot initiative was "unconstitutional under both the due process and equal protection clauses."

In his ruling New York Magazine cites these sentences from his conclusion (full ruling here):

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.

Here's Julia Watson's favorite sentence from the ruling:

"The evidence shows that the movement of marriage away from a gendered institution and toward an institution free from state-mandated gender roles reflects an evolution in the understanding of gender rather than a change in marriage."

Paul Katami, Jeff Zarrillo, Kris Perry and Sandy Stier, The plaintiffs, represented by Ted Olson an David Boies.

Comments [21]

Rockets's picture


I went away to the bush on holidays and what a nice bit of news to come back to. Congratulations Californians!

Visit the FREE Lesbian Coloring pages at ~

Not2Taem's picture

A holiday in the bush

Who's?   Wink

Rockets's picture


Figured someone'd like that comment. lol


Saddly, just mother nature's.

Visit the FREE Lesbian Coloring pages at ~

Tex's picture

mother nature...

does she have a Vp profile? 


Twitter Time @kdhales

CA_Medicine_Woman's picture

About Frackin' Time!

This is the first time a ban on same-sex marriage has been nullified because it violated Amendment XIV Section 1 of the Constitution of the United States, otherwise referred to as the Equal Protection Clause, and could set a major precendent if the decision is upheld by either or both the 9th Circuit and SCUS.  It will take a few years for the process to wind its way through, and the outcome is anything but certain given the current political and social leanings of the majority of Supreme Court Justices.

Also, Vaughn stayed his own decision until at least Friday, when he will hold hearings to determine what should happen as a result of his ruling.  Given past rulings by various courts, this could mean anything from same-sex marriages resuming immediately, to everything is on hold pending appeal before the 9th CCoA. is already vowing to appeal the decision all the way up the justice ladder.

Having said that, Vaughn did the right thing, ruling the way he did, and it's about time someone in the justice system figured out equality for all means just that.

SMBrown's picture

Of course the homophobes are

Of course the homophobes are suggesting that Vaughn is biased because he may be gay.  But of course if he was straight and found against it he would just be right!

Conlite's picture

Yay for California!!! And all

Yay for California!!! And all the rest of you down south there!

I was out and about all day and this was wonderful news to come home to!

Lake's picture

I'm officially breaking out....

The Snoopy Dance!!!!!!!!!!!


Lake's picture


Let's hope DADT is next!!!!

Still keeping Canada on the back burner!! Wink


minniesota's picture

My favorite sentence too

Julia's favorite sentence also is my favorite sentence from the ruling. I downloaded a copy from the court site set up for the media. Just posted that sentence as my FB status.



Still searching for the right brainy quote.

MacLass_19's picture


It's odd, at this moment, I'm not quite sure what to feel....but, I can't stop crying.


Lake's picture

We've had our differences....

Cry you're among friends! Wink

Oh and Soul Train was the bomb!!!! Wink

When DADT is repealed you will see my tears!


MacLass_19's picture

Thank you Lake


Edit to add: That means a lot to me.

Lake's picture



Enjoy!  Wink


Means a lot to me too!!!


SMBrown's picture you're make ME you're make ME cry!   Smile

Julia Watson's picture

Fuck, now I'm gonna cry.

Fuck, now I'm gonna cry.

SMBrown's picture

What a bunch of pussies we

What a bunch of pussies we all are   Wink

Lake's picture

I like...

  bunches of pussies!!!!  Wink


SMBrown's picture



Edit: Is it wrong of me to hope Dick Cheney goes on a hunting expedition with his buddy Justice Scalia before this makes it to the Supremes? 

Robin Rigby's picture

Haha Hilarious.

If it's wrong, I don't wanna be right.  

Diana Cage's picture

celebratory blingees to

celebratory blingees to follow!