Prop 8 Slapped Down

[Scriblerus the Philosophe]

http://www.hollywoodreporter.com/hr/content_display/news/e3i266ae09ea03f4027cccdd97e17eb34c1

Proposition 8 was overturned today by a federal judge, who ruled that same-sex marriage is legal in California.

The judge said that the proposition was unconstitutional under both the due-process and equal-protection clauses.

Ellen DeGeneres reacted to the ruling with a jubilant tweet, saying, "This just in: Equality won!"

Such Hollywood heavyweights as producer Bruce Cohen, director Rob Reiner and his wife Michele Singer Reiner and writer Dustin Lance Black played a key role in bringing together the two attorneys, Theodore Olson and David Boies, who took on the case, known as Perry v. Schwarzenegger.

Filed by two same-sex couples and the city of San Francisco, the plaintiffs' suit argued that Proposition 8, which was approved by California voters in 2008, was an unlawful infringement on the civil rights of gay men and lesbians.

The ruling by Vaughn R. Walker, the chief judge of the Federal District Court in San Francisco, sided with the plaintiffs.

Reacting to the ruling, Olson said that he hoped the case would "make a change in this country so that gay and lesbian individuals are treated with the respect that other citizens take for granted and the freedoms that other citizens take for granted. We hope that that will be the outcome at the end of this trail."

Cohen -- an Oscar winner as producer of "American Beauty" and a producer of the upcoming Oscar show -- sits on the board of the American Foundation for Equal Rights along with the Reiners and Black. The nonprofit, headed by political activist Chad Griffin, was created to help steer the case through the courts.

"It's a great moment," Cohen said of the judge's ruling, which he was still working his way through early Wednesday afternoon. "We were hoping that Judge Walker, when he heard all the evidence which we heard in court, would come to the conclusion that there is no doubt that Proposition 8 is unconstitutional, but to have it be official and to see it the actual court documents is incredibly thrilling and exciting."

He praised Olson and Boies, who had famously faced off against each other before the Supreme Court in Bush v. Gore, which decided the contested presidential election, but who joined forces to challenge Prop. 8.

"Having met them, spent time with them and heard them both argue in court, it's hard to describe the complete brilliance and dedication that they bring to this case," he said. "Our hope was that we could get a ruling very much like this one."

The case is expected to be appealed and eventually to find its way to the U.S. Supreme Court.

And as I hear it, the judge is denying the defense's motion for a stay. 

[ivor]

Those darn liberals!

[Aggie]

Good news.  For the land of the free, folks down there seem mighty reluctant to let anyone live too freely if it goes against their own little world-view.

[pieces o nine]

 

[Swatopluk]

Bets can be taken now when it will reach SCOTUS (and all bets are off what that court's decision will be).
Also prepare for endless rants about anti-democratic liberal judicial activism.

[Opsa]

Yeah, but for now...

[Darlica]

 

Finally that was about time...
The gay liberation movement has been for over 40 years for equal right this is a step on the way.

[The Meromorph]

I think the religious right are making a huge strategic error. If this gets to Scotus and they uphold the trial judge, Gay Marriage could become legal in all states, immediately.

[Scriblerus the Philosophe]

A la Loving v. Virgina, yes.

[Bob in a quantum-state-of-faith]

Certainly good news.

Who knows?  If one of the uber-conservative judges of SCOTUS has apoplexy over this issue, Obama may get a 2nd judge to put into place... imagine 5 out of 9 who are women?

Imagine how that may shift things for the better?  (Okay, I'm a half-full guy-- at worst, status-quo.  But a majority of women in one of the 3 legs of US government?  That canna' be a bad think, Keptin, yes?  Yes!)

[Swatopluk]

Some analysts predict that the SCOTUS appeal will use a very different approach since the 'gay is evil' line of argument was so thoroughly beaten down by the judge. This time it will likely be about 'democracy', states rights, separation of powers etc. I consider it not unlikely that a 5-4 majority will overturn on a very narrow base.

[pieces o nine]

I say, bring a case before SCOTUS challenging the discrimination currently faced by closeted CEOs who cannot (yet) marry their corporations (which have been declared legal persons, and are therefore the victims of prejudice if they are not allowed to marry another legal person of their choosing...)

[The Meromorph]

I say, bring a case before SCOTUS challenging the discrimination currently faced by closeted CEOs who cannot (yet) marry their corporations (which have been declared legal persons, and are therefore the victims of prejudice if they are not allowed to marry another legal person of their choosing...)

It does seem that some of them already f@#* them regularly... 

[Aggie]

So many nasty divorces, though....

[Aphos]

I was reading on review of the case today that claimed the judge had written his opinion specifically with Justice Kennedy in mind.  Kennedy is likely to be the swing vote, as he has been in so many liberal v. conservative decisions.

First, the case will have to be reviewed by the 9th District, but given their history it is almost certain they will uphold this judges decision.