Proposition 8

Ted and David’s Most Excellent Adventure

By Kate Kendell
National Center for Lesbian Rights

In the weeks leading up to the Proposition 8 trial, much was made in the media, blogs, and everyday conversations about the unlikely duo leading the legal challenge against the shameful California ballot measure that stripped marriage from same-sex couples.

The two, Ted Olson and David Boies, are an unlikely pairing on many levels. They are political adversaries, and famously opposed each other in Bush v. Gore. They are each high-powered and highly paid inside-the-beltway lawyers. Ted is a long-time darling of the conservative movement, a former U.S. Solicitor General and a founder of the Federalist Society. David is a Democratic Party insider and an advisor to a number of key Democratic leaders. And, finally, both are straight, and had no apparent prior interest or experience in lesbian, gay, bisexual, and transgender issues.

Intervenors File Motion for Stay of Prop 8 Ruling with Ninth Circuit

By Dave Dayen

As expected, has filed an emergency stay of Judge Vaughn Walker’s ruling in the Prop 8 trial with the Ninth Circuit Court of Appeals. The stay that Walker put on his ruling will expire on August 18 absent any action from the Ninth Circuit. A copy of the Emergency Motion for Stay Pending Appeal is here.

Brian Devine notes the argument has made for “irreparable harm” coming to them if same-sex couples are allowed to marry in the next week:

Will California's Next Governor and Attorney General Stand Strong Against Prop. 8?

By Geoff Kors
Equality California

Victory is sweet. Last week the U.S. District Court in San Francisco ruled that Proposition 8, which stripped same-sex couples of the freedom to marry, is unconstitutional. We're getting closer by the moment to the day when all loving couples in California will have the same rights, the same responsibilities, the same respect.

We won the first round. The case will now be appealed to the Ninth Circuit Court and possibly all the way to the U.S. Supreme Court. We have to keep supporting it as it progresses.

Why November Matters

Who can keep the case on track for a win for equality? You, and two of four people: Jerry Brown or Meg Whitman, Kamala Harris or Steve Cooley.

Impeach Judge Walker?

By Brian Leubitz

This is cross-posted from the Prop 8 Trial Tracker

That's exactly what the American "Family" Association wants to do. In an email to their supporter list, the AFA called for Congress to impeach Judge Walker for failing to conduct himself with "good Behaviour":

Yesterday (August 4), U.S. District Chief Judge Vaughn Walker single-handedly overturned California's Prop. 8, which elevated protection for one-man, one-woman marriage to its state constitution.

In doing so, he frustrated the expressed will of seven million  Californians who went to the polls to shape their state's public policy  on marriage. ...

“Facts Are Stubborn Things” – The Value Of Judge Walker’s Decision

By Paul Hogarth
Beyond Chron

Judge Vaughn Walker’s decision Wednesday overruling Proposition 8 on due process and equal protection grounds was everything that marriage equality supporters could have hoped for. But despite all the exuberance, everyone knew that appealing the case was only a matter of time – and the U.S. Supreme Court would have final say. Walker’s legal analysis argued that “strict scrutiny” was the standard for laws that discriminate against gays and lesbians, but said that Prop 8 even failed the more lenient “rational basis” test.

Prop 8 and SB 1070 -- Sisters Under the Skin?

By Sandip Roy
New America Media

When I heard about Judge Robert Vaughn Walker’s ruling on same-sex marriage, I immediately thought of one person.

Judge Susan Bolton.

On July 28, Susan Bolton issued an injunction that defanged the anti-immigrant SB 1070 in Arizona.

On Aug. 4, Vaughn Walker found California’s Proposition 8, which outlawed same-sex marriage, unconstitutional.

For this, they will both be tarred as “judicial activists.” Judge Bolton has received death threats. Judge Walker is being denounced.

Advocates, Elected Officials Respond to Landmark Prop 8 Decision

By The California Progress Report

U.S. 9th District Court Judge, Vaughn Walker in his ruling yesterday:

"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 are just some of the responses to the decision by Judge Vaughn Walker that California's ban on marriage equality - known as Proposition 8 - violates the 14th Amendment to the United States Constitution:

National Center for Lesbian Rights Analysis: Perry v. Schwarzenegger Ruling

By Shannon Minter and Christopher Stoll
National Center For Lesbian Rights (NCLR) Legal Director and Staff Attorney

Today's decision in Perry v. Schwarzenegger is nothing short of a grand slam legal victory for LGBT people. In a comprehensive and crystal clear opinion, Judge Walker held that Proposition 8 is unconstitutional. Judge Walker reached this conclusion for two reasons: because Proposition 8 denies individuals the fundamental right to marry without a compelling reason to do so, violating the Due Process clause of the federal constitution, and because it violates the Equal Protection clause by discriminating based on sex and sexual orientation.

Prop 8 Goes Way Of Prop 22: Unconstitutional

By Dan Aiello
California Progress Report

A federal judge has thrown out Proposition 8, California's ban on same-sex marriage today, ruling it unconstitutional.

The action mirrored the California Supreme Court's May 15, 2008 ruling overturning Prop 8's predecessor, Proposition 22. Both rulings found the government had no compelling reason to deny the essential liberty of marriage to its gay and lesbian citizens.

"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license," wrote U.S. 9th District Court Judge, Vaughn Walker in his ruling released today. 

"Indeed," wrote Walker, "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."

For nation's LGBT, Obama's quiet snub of Scouts a reminder struggle for equality far from over

By Dan Aiello
California Progress Report

President Barack Obama, citing "scheduling conflict," will not attend the taxpayer-funded Boy Scouts of America Jamboree in Virginia today, an absence which drew criticism from conservative news media for what they described as the "political decision" not to attend the anti-gay, anti-atheist group's publicly-funded 100th annual gathering.   

An equal rights activist, however, belittled Obama's absence from the 45,000 scouts-attended Jamboree as, "a victory for scheduling conflicts."