paul katami, jeff zarrillo, kris perry and sandy stier
photo credit // diana walker, afer
Prop 8 found unconstitutional
San Francisco, CA -
Chief U.S. District Judge Vaughn Walker of San Francisco ruled Wednesday afternoon that California's gay marriage ban is unconstitutional.
At issue is Proposition 8, a controversial ballot measure approved by California voters in 2008. Prop 8 passed with 52 percent of the vote and defined marriage as being between one man and one woman.
The judge ruled the same-sex marriage ban violated the U.S. Constitution's 14th Amendment equal protection clause.
Jeffrey Zarrillo and Paul Katami from Burbank and Berkeley couple Kristin Perry and Sandy Stier filed the challenge to Prop 8 in an effort to overturn California's ban on same-sex marriage.
The plaintiffs were represented by former Republican Solicitor General Ted Olson and Democrat David Boies during the 13-day trial.
The Alliance Defense Fund, one of the anti-gay groups fighting to uphold Prop. 8, said they will appeal the "disappointing decision" immediately.
"It's not radical for more than 7 million Californians to protect marriage as they've always known it," ADF Senior Counsel Brian Raum said. "What would be radical would be to allow a handful of activists to gut the core of the American democratic system and, in addition, force the entire country to accept a system that intentionally denies children the mom and the dad they deserve."
Reaction to the federal court's ruling:
"This exciting development brings us one step closer to full LGBT equality, but the final outcome in the matter may still be years away and same-sex couples in every corner of the country are still being denied federal recognition of their relationships," Equality Illinois CEO Bernard Cherkasov said in a released statement.
"Today's decision proves what I have known for a long time: this country is always moving in the direction of greater equality and greater fairness. I applaud California's state court for recognizing that the right to marriage is one all Americans should be able to enjoy and I sincerely hope that this decision is upheld against any challenges to it," U.S. Representative Mike Quigley (D-IL) said in a released statement.
"We live in a democracy wherein majority rule is checked and balanced by the guarantee of inalienable minority rights. This case, as it wends its way up to the U.S. Supreme Court, presents jurists with fundamental questions about minority rights and majority rule. I believe Judge Walker got it right, declaring that denial of marriage rights and protections to gay and lesbian citizens violates the Constitution even if it reflects the will of the majority of Californians," Congresswoman Tammy Baldwin ( D-WI ) said in a released statement.
"The tide is turning nationwide in favor of marriage equality, but our work is far from over. Today's ruling is just a beginning step in what will likely be a long process, yet we are confident that fairness will prevail. Our conversations are breaking down barriers and helping to transform our country," National Gay and Lesbian Task Force Executive Director Rea Carey said in a released statement.
"More and more Americans are supporting equality, and it is the stories of same-sex couples that are leading that charge across the nation," said GLAAD President Jarrett Barrios. "Today's decision comes after same-sex couples from across California shared their personal stories with Judge Vaughn Walker and the public, helping to show that all loving and committed couples – straight and gay – should have the same opportunity to take care of and be responsible for each other."
"In today's ruling, the court stated that Prop 8 'fails to advance any rational basis' for denying the right to marry, and the court is right. We're all equal, and we should all have equal rights. I'm so grateful for today's decision," said Ellen DeGeneres.
The Mormon Church, which spent heavily to get the Prop 8 ballot measure passed, released this statement: "The Church of Jesus Christ of Latter-day Saints regrets today's decision. California voters have twice been given the opportunity to vote on the definition of marriage in their state and both times have determined that marriage should be recognized as only between a man and a woman. We agree. Marriage between a man and woman is the bedrock of society."
At issue is Proposition 8, a controversial ballot measure approved by California voters in 2008. Prop 8 passed with 52 percent of the vote and defined marriage as being between one man and one woman.
The judge ruled the same-sex marriage ban violated the U.S. Constitution's 14th Amendment equal protection clause.
Jeffrey Zarrillo and Paul Katami from Burbank and Berkeley couple Kristin Perry and Sandy Stier filed the challenge to Prop 8 in an effort to overturn California's ban on same-sex marriage.
The plaintiffs were represented by former Republican Solicitor General Ted Olson and Democrat David Boies during the 13-day trial.
The Alliance Defense Fund, one of the anti-gay groups fighting to uphold Prop. 8, said they will appeal the "disappointing decision" immediately.
"It's not radical for more than 7 million Californians to protect marriage as they've always known it," ADF Senior Counsel Brian Raum said. "What would be radical would be to allow a handful of activists to gut the core of the American democratic system and, in addition, force the entire country to accept a system that intentionally denies children the mom and the dad they deserve."
Reaction to the federal court's ruling:
"This exciting development brings us one step closer to full LGBT equality, but the final outcome in the matter may still be years away and same-sex couples in every corner of the country are still being denied federal recognition of their relationships," Equality Illinois CEO Bernard Cherkasov said in a released statement.
"Today's decision proves what I have known for a long time: this country is always moving in the direction of greater equality and greater fairness. I applaud California's state court for recognizing that the right to marriage is one all Americans should be able to enjoy and I sincerely hope that this decision is upheld against any challenges to it," U.S. Representative Mike Quigley (D-IL) said in a released statement.
"We live in a democracy wherein majority rule is checked and balanced by the guarantee of inalienable minority rights. This case, as it wends its way up to the U.S. Supreme Court, presents jurists with fundamental questions about minority rights and majority rule. I believe Judge Walker got it right, declaring that denial of marriage rights and protections to gay and lesbian citizens violates the Constitution even if it reflects the will of the majority of Californians," Congresswoman Tammy Baldwin ( D-WI ) said in a released statement.
"The tide is turning nationwide in favor of marriage equality, but our work is far from over. Today's ruling is just a beginning step in what will likely be a long process, yet we are confident that fairness will prevail. Our conversations are breaking down barriers and helping to transform our country," National Gay and Lesbian Task Force Executive Director Rea Carey said in a released statement.
"More and more Americans are supporting equality, and it is the stories of same-sex couples that are leading that charge across the nation," said GLAAD President Jarrett Barrios. "Today's decision comes after same-sex couples from across California shared their personal stories with Judge Vaughn Walker and the public, helping to show that all loving and committed couples – straight and gay – should have the same opportunity to take care of and be responsible for each other."
"In today's ruling, the court stated that Prop 8 'fails to advance any rational basis' for denying the right to marry, and the court is right. We're all equal, and we should all have equal rights. I'm so grateful for today's decision," said Ellen DeGeneres.
The Mormon Church, which spent heavily to get the Prop 8 ballot measure passed, released this statement: "The Church of Jesus Christ of Latter-day Saints regrets today's decision. California voters have twice been given the opportunity to vote on the definition of marriage in their state and both times have determined that marriage should be recognized as only between a man and a woman. We agree. Marriage between a man and woman is the bedrock of society."
