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

'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. Adam

    I'm really getting sick of everyone saying how this judge was biased and made up his mind before the case just because he was gay. How wouldn't a straight judge then be biased the other way if Walker had recused himself? Why wouldn't every white judge have to recuse themselves when presiding over a case with a black defendant? People (yes, even gay ones, SHOCKER) are actually capable, of independent thought sometimes.

    August 5, 2010 at 4:13 pm | Report abuse |
  2. Roman

    Shame !! Shame !! Shame !!!!

    August 5, 2010 at 4:14 pm | Report abuse |
  3. Historical Jesus

    Jesus (Julio Cesearian)
    was the son of Julius Ceasar & Cleopatra Ptolemy 7th.
    Take the "script" out of the old testament about a messiah,
    insert Cesearian as Jesus christ trying to capture his throne
    (re-capture his Egyptian/Roman throne)
    and all of the history falls into place.

    August 5, 2010 at 4:14 pm | Report abuse |
  4. troutsleth

    Marriage is defined as union between a man and a woman. Push to have your own "definition" created and legalized. Just because you want to have a union does not mean you have to have it fall under the same definition that has been around for ages....marriage. You want to have equality....fine....but call it something else. Call it something new and exiting....make it creative. Now is the time to define that new relationship because once you do, why wont polygamist trying and legalize their lifestyle....after all they have rights too....what about a man who wants to marry his dog....he has a right to be happy and have equality of life. So find your new name where a man marries another man, call it........what every you want....but marriage is between a man and a woman. There is nothing wrong with keeping definitions consistent.

    August 5, 2010 at 4:16 pm | Report abuse |
  5. Tom

    I have no problem with the NAMBLA member marrying the 15 year old. As soon as that 15 year turns 18 yrs old can enter into a legally binding contract.

    August 5, 2010 at 4:16 pm | Report abuse |
  6. Durazac 15

    I supported prop 8 for a very simple and singe reason. I do not think it is wise to change the meaning of a word to please a minority and to devalue the meaning of said word to cover cases it never covered before. I am in no way opposed to the creation of a word that describes a gay union, that insures equal rights.

    What word is it now, that describes the union of a man and a woman? Answer – there is none – there is no word to describe that particular union. All marriages are now of no real significance then, effectively serving only legal fodder and emotional salve. So when anyone tells me they are married the new image in my mind is they are "fancy dating" as marriage could bean anything.

    August 5, 2010 at 4:17 pm | Report abuse |
    • Haviland


      But seriously. Why are people pushing for a NEW WORD to describe gay marriage?! Words are so arbitrary–it's really the meaning and the purpose and the significance that the union has to the parties involved that truly matter. If we're going to give gay marriage the SAME rights as "normal marriage," only with a different name, why the hell does it need a separate name?! Other people mentioned it before–is "separate but equal" really what we should be striving for?! I thought we got over that decades ago 🙁

      August 6, 2010 at 3:25 am | Report abuse |
  7. Historical Jesus

    GOD = Gold, Oil, drugs

    Men wrote the bible, handed it to you, and told you to believe it.
    You did.


    August 5, 2010 at 4:17 pm | Report abuse |
  8. Mark

    I have always wondered why gay marriage threatens a lot of people? Isn't Divorce a bigger deal? Let's vote to eliminate Divorce and see who else wants to get married!!!

    August 5, 2010 at 4:18 pm | Report abuse |
  9. Todd M.

    The blurb from the "National Organization for Marriage" states that the Founders would be "shocked" by this ruling. They would also be "shocked" by women having the right to vote, black people being full citizens, and the illegality of slavery. It's not the 18th century; move with the times, people. Things change.

    August 5, 2010 at 4:20 pm | Report abuse |
  10. Historical Jesus

    Jesus was and is.....not god.
    Jesus was human and an imposter.

    August 5, 2010 at 4:21 pm | Report abuse |
  11. patsy

    SODOM AND GORMORAH!!!!THats why God Burnt down those cities,It will happen Here,911,America should think now.....before its too they will built the mosque in ground zero,God will bring wrath to this nation if people are not wise enough and do the right thing,"SODOM AND GORMORAH.....IS SAN FRANCISCO AND OTHER STATES THAT ALLOW THESE THINGS TO HAPPEN...

    August 5, 2010 at 4:21 pm | Report abuse |
    • God

      Howdy Patsy! Honey, let me tell you this as nicely as possible: Stop your ranting. Please do not assume to KNOW anything about what I will or will not do. Just live your life and love, ok? Is that so hard to understand? I will tell you this much; I did not create you to be a mean little thing! Give it some thought.

      August 5, 2010 at 5:03 pm | Report abuse |
  12. Ben Smith

    Hell : 2012 phenomena.
    Hell : 2012 phenomena.

    Americas must be brazen and kill this obvious lie that has been plaguing the minds of our fellow men and women for hundreds of years.

    Americas must be brazen and kill this obvious lie that has been plaguing the minds of our fellow men and women for

    August 5, 2010 at 4:22 pm | Report abuse |
  13. Ben Smith

    Hell : 2012 phenomena.

    Americas must be brazen and kill this obvious lie that has been plaguing the minds of our fellow men and women.

    August 5, 2010 at 4:22 pm | Report abuse |
  14. BE

    Can't post? Why does CNN exclude some comments?

    August 5, 2010 at 4:22 pm | Report abuse |
  15. Mark

    I have always wondered why gay marriage threatens a lot of people? Isn't Divorce a bigger deal? Let's vote to eliminate Divorce and see who else wants to get married!

    August 5, 2010 at 4:24 pm | Report abuse |
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