August 5th, 2010
12:52 PM ET

The buzz on Proposition 8 ruling

A federal judge in California struck down the state's ban on same-sex marriage Wednesday, ruling that voter-approved Proposition 8 violates the U.S. Constitution and handing supporters of gay rights a major victory in a case that both sides say is sure to wind up before the Supreme Court.

As soon as the ruling was handed down, iReporters, celebrities and politicians began to share their thoughts on the potentially landmark decision. Columnists and news and political organizations soon followed with opinions that varied from calling the ruling one of the biggest decisions in our lifetime to seeing it as a completely overreaching attempt at judicial activism.

Here's what they had to say:

'Unforgettable lesson'

"We strenuously hope that [U.S. District Judge Vaughn] Walker's decision will be upheld by the high court. But no matter what happens, the trial in San Francisco delivered an unforgettable lesson in what Proposition 8 and same-sex marriage really mean.

"From now on, it will be harder for opponents of same-sex unions to continue mouthing canards. The public as well as the courts have had an opportunity to hear the facts. The debate over same-sex marriage will never be quite the same again."
- Los Angeles Times editorial

'Discrimination, prejudice'

"Proposition 8 was based on discrimination, prejudice and religion. The Constitution protects rights of the individuals that often the majority would take away from the minority. That's why we don't vote on these issues."
- iReporter Cliff Olney of Watertown, New York

'Extreme judicial activism'

"Today's decision by a federal district judge in San Francisco striking down state constitutional protections for marriage and inventing a spurious federal constitutional right to same-sex marriage is an example of extreme judicial activism. Moreover, it is an affront to the millions of California voters who approved Proposition 8 in 2008 after months of vigorous public debate.

"Governments derive their just powers from the consent of the governed. The people of California, and the United States, have made clear in numerous ways that they have not consented to the redefinition of marriage. For the past two decades they have considered the arguments advanced by some for overturning marriage as it has been understood in our country. In state after state — 45 in all - they have chosen to reaffirm the meaning of marriage as the union of one man and one woman. They have done so because they understand that establishing same-sex marriage would transform the institution into a set of private interests rather than buttress it as a multi-generational reality binding mothers, fathers and their children biologically, socially and legally."
- Chuck Donovan of the Heritage Foundation

iReport: What's your take? Tell us your thoughts on Proposition 8 ruling

'Instant landmark'

"The decision, though an instant landmark in American legal history, is more than that. It also is a stirring and eloquently reasoned denunciation of all forms of irrational discrimination, the latest link in a chain of pathbreaking decisions that permitted interracial marriages and decriminalized gay sex between consenting adults.

"As the case heads toward appeals at the circuit level and probably the Supreme Court, Judge Walker's opinion will provide a firm legal foundation that will be difficult for appellate judges to assail."

- New York Times editorial

'Unforgettable lesson'

"Years from now, when all Americans finally are permitted to marry the person they choose, we'll look back on today's ruling by Federal District Court Judge Vaughn Walker as a historic milestone - a moment when the opponents of equality were exposed for the hypocrisy and absurdity of their arguments. Defenders of the 2008 initiative presented just two witnesses, neither of whom could offer any credible evidence that gay marriage harms heterosexual marriage or that barring gays from marrying promotes any legitimate state interest.

"It wasn't poor courtroom maneuvering that led to this outcome. Says David Boies, a lead lawyer for the plaintiffs: 'They didn't fail because they're bad lawyers, they failed because there isn't any evidence to support the argument they're Advertisement advocating.' "
- San Jose Mercury News editorial

'Filled with broad pronouncements'

"In reading so far, I think a notable feature of Judge Walker's decision is its judicial maximalism - a willingness to reach out and decide fundamental constitutional questions not strictly necessary to reach the result. It is also, in maximalist style, filled with broad pronouncements about the essential characteristics of marriage and confident conclusions about social science. This maximalism will make the decision an even bigger target for either the Ninth Circuit or the Supreme Court. If that's right, it magnifies the potential for unintended and harmful consequences for gay-rights claims even beyond the issue of marriage. ...

"If the Ninth Circuit and/or Supreme Court decide to reverse Walker's ruling, they will be more likely to deal with this issue in a way that will set broader precedent. A minimalist decision for [same-sex marriage] by Walker could have left this matter undecided and thus would not have forced a higher court's hand."
- Dale Carpenter column on the Volokh Conspiracy

A decision written for Justice Kennedy?

"Is that the end of it? Oh, no. Judge Walker is already being flayed alive for the breadth and boldness of his decision. The appeals road will be long and nasty. Walker has temporarily stayed the ruling pending argument on a stay. (Rick Hasen argues it may be wise for him to stay the order pending appeal for tactical reasons.)

"Any way you look at it, today's decision was written for a court of one - Kennedy - the man who has written most eloquently about dignity and freedom and the right to determine one's own humanity. The real triumph of Perry v. Schwarzenegger may be that it talks in the very loftiest terms about matters rooted in logic, science, money, social psychology, and fact."
- Dahlia Lithwick column on Slate

Too soon to celebrate?

"As well-crafted as this decision is, it is too soon to declare victory. As proponents of gay rights know all too well, many courts have not been as fastidious about excluding religious rationales from their constitutional decision-making. One need only remember Justice Burger's 1986 opinion supporting the constitutionality of laws banning sodomy because such condemnations were 'firmly rooted in Judeo-Christian moral and ethical standards.'

"More deeply, we must recognize that even when we win these cases, it is only because our opponents' core objections have been, however properly, ruled out of court. Until we directly address them in the public sphere, we will not have truly won the culture war for marriage equality."
- Kenji Yoshino column on NYTimes.com

'Disturbing episode in American jurisprudence'

"The 'trial' in San Francisco in the Perry v. Schwarzenegger case is a unique, and disturbing, episode in American jurisprudence. Here we have an openly gay (according to the San Francisco Chronicle) federal judge substituting his views for those of the American people and of our Founding Fathers who I promise you would be shocked by courts that imagine they have the right to put gay marriage in our Constitution. We call on the Supreme Court and Congress to protect the people's right to vote for marriage."
- Response on National Organization for Marriage website

soundoff (737 Responses)
  1. emg

    It comes across to me that Ms. Gallagher is only concerned about the morality of marriage. Well, our Founding Fathers weren't as upright and moral as she makes them out to be. Read your history books lady.

    August 6, 2010 at 8:35 am | Report abuse |
  2. Katherine

    Wow. So many people are missing the legal basis for this decision. LEGALLY, the question is did Prop 8 violate Californians 14th amendment rights/civil liberties. It doesn't matter how many people voted to pass Prop 8 because 1) no state can make a law that violates federal law, and 2) no law can be made that contradicts a law already on the books (if you want to change a law already on the books, one must repeal that law, invalidate it). The issue is NOT how marriage has traditionally been definied, is gay marriage harmful for society, etc.. The issue is whether or not Prop 8 violated one's basic civil liberties, meaning, is marriage covered under the 14th amendment. Loving v Virginia set the precedient that states could not ban interracial marriages, so I think that case shows that the government cannot exclude certain groups of people from marrying (unless one can prove harm from the groups marrying, e.g., close relatives, children, etc.). On the other hand, one could find that Prop 8 in no way violated civil rights because it does not target one group but rather applies equally to everyone (i.e., no one may marry a person of the same gender) OR because marriage is not covered under basic civil liberties. Anyway, the Supreme Court needs to answer this question.

    August 6, 2010 at 8:45 am | Report abuse |
  3. God

    The moment you take the bible away from this debate, the entire argument is prejudice mixed with bigotry and it collapses. Gay or straight, marry at will.
    God

    August 6, 2010 at 8:51 am | Report abuse |
  4. Jim

    This ruling will legitamize every form of relationship. Bigamy, polyandry, whatever. LAMBDA will love(pun intended) this because every form will now become a 'legitimate' minority that is being 'victimized' by the evil majority.Bestiality will become a 'legitimate' form of relationship. This whole thing is now going over the cliff. Can't wait to se what happens next.

    August 6, 2010 at 8:54 am | Report abuse |
  5. Kevin2

    Our founding fathers RULE! God Bless America. I'm going outside to put up my flag.

    August 6, 2010 at 9:17 am | Report abuse |
  6. I_Hustle

    GOOD JOB CALIFORNIA! GO Cali Go Cali Go Cali

    August 6, 2010 at 9:38 am | Report abuse |
  7. AJ

    Maggie Gallagher again?! God. This woman needs to go away.

    August 6, 2010 at 9:46 am | Report abuse |
  8. allmosthere

    many christians do accept that so called evolution was used in the creation process. the seven days show a progression from basic to complex, our physics shows time to be relative, the first day could have been millions of years. purely random selection cannot make information holding bundles. evolving is a tool of the creative process, used by consciousness, god, in the case of the earth.

    August 6, 2010 at 10:02 am | Report abuse |
  9. ADJ

    This is the most clear-cut case of the majority being over-ruled because of discrimination. The defendants could NOT prove any detrimental affect to anyone else by gays and lesbians being allowed to get married because there ARE NONE. This is a landmark decision no different than the decisions made to overturn other forms of discrimination in our shameful history. Anyone arguing against this is sstanding up with the bigots who freaked when women were allowed to vote and segregation was outlawed. The fact that Prop 8 ever came up for a vote is the real outrage here and it will go down in history as a shameful and embarrassing moment in the United States.

    August 6, 2010 at 10:21 am | Report abuse |
  10. matt

    this article is baised,

    August 9, 2010 at 7:22 pm | Report abuse |
  11. John Ross

    Why can't I marry my bicycle?

    August 11, 2010 at 8:41 am | Report abuse |
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