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Ruling on hold
Despite the favorable ruling for same-sex couples, gay marriage will not be allowed to resume immediately. Judge Walker said he wants to decide whether his order should be suspended while the proponents of the ban pursue their appeal in the 9th U.S. Circuit Court of Appeals.

The judge ordered both sides to submit written arguments by Friday on the issue.

So, what happens next? In the next few days, Judge Walker will decide whether to put a stay on his order or have it take effect immediately.  

Then, the appeals begin -- and on the last Monday of June, 2012, Justice Anthony Kennedy will let us know if he meant what he said in Romer v. Evans, back in 1996, that a law which "classifies homosexuals not to further a proper legislative end but to make them unequal to everyone else" cannot stand.  Let us hope.

Please read the rest of Adam B's excellent diary for more on this ruling:


Earlier today, a White House spokesperson provided a tepid statement earlier today to Kerry Eleveld:

"The President has spoken out in opposition to Proposition 8 because it is divisive and discriminatory. He will continue to promote equality for LGBT Americans."

Clearly, we have different of what LGBT equality means. For LGBT Americans, it means full equality. For Obama, it means separate, but equal:
Nevertheless, Obama has also publicly opposed same-sex marriage, and a White House aide said the president’s position has not changed.

"He supports civil unions, doesn’t personally support gay marriage though he supports repealing the Defense of Marriage Act, and has opposed divisive and discriminatory initiatives like Prop. 8 in other states," said the official, who asked not to be named.


UPDATE: this is encouraging for other states...
Statement of Steven Goldstein, Chair of Garden State Equality:

"Today's historic victory in the Proposition 8 trial bodes well for when we in New Jersey put our civil union law on trial, as the New Jersey Supreme Court invited us to do just last week.  California's domestic partnership law is similar to New Jersey's civil union law, with both laws purporting - but utterly failing - to provide the equal protection that only comes with marriage equality.

If you thought New Jersey's marriage equality fight has seen its strongest days, how wrong you are.  Today's decision in California proves our most winnable fight in New Jersey is imminent.  Like in California, we in New Jersey will put our state law on trial and we will win.  At trial, we will expose to the world the grotesque inequities same-sex couples have endured at the hands of New Jersey's civil union law.  Once and for all, we will throw New Jersey's civil union law into the dustbin of history's separate and unequal embarrassments."

THANKS and a tip of the hat to Larry Bailey's comment:
UPDATE: Check out Rachel Maddow's show now (and when it repeats), I just came in on the tailend of an interview with Boies, and details the skewing Judge Walker gave in his ruling to Prop 8's witnesses.


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. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.

Overturned...on page on page 136 (thnx to psychodrew)

Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8. The clerk is DIRECTED to enter judgment without bond in favor of plaintiffs and plaintiff-intervenors and against defendants and defendant-intervenors pursuant to FRCP 58.

With an appeal less likely to be successful:

The decision by Vaughn Walker to have a full fledged trial with a full evidentiary record was inspired and put the Perry case in a unique position compared to how such issues are usually handled on submitted pleadings and argument. This one had a real trial with a real record; that makes a ton of difference for the appeal.

Appellate courts cannot just substitute their views for that of the trial court when there is an evidentiary record, findings of fact and conclusions of law like this, where it is much easier to do so if it has been decided by preliminary injunctive relief, motions or on the pleadings. Walker can really put this in a unique posture with how he frames his findings of fact and conclusions of law; and I expect him to do just that. Walker is very detailed and very smart and crafty. He will lock in and protect his decision to every extent he can, and trust me Walker is very good at this. One of the best I have ever seen. Ted Olson, David Boies, Plaintiffs Perry et. al and fans of Constitutional equality everywhere could not ask for anything more.

Today there was a victory for civil rights in the U.S.!

Originally posted to freelancewoman on Wed Aug 04, 2010 at 01:27 PM PDT.

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