Community Corner

Judge Overturns Same-Sex Marriage Ban

Proposition 8 is ruled unconstitutional, but judge outs temporary stay on ruling, meaning same-sex couples are still prohibited from marrying.

A federal judge in San Francisco today overturned Proposition 8, California's ban on same-sex marriage, a move that local gay and lesbian advocates called a temporary victory in the long battle for equal rights ahead.

U.S. District Judge Vaughn Walker said the voter-approved initiative violated the U.S. Constitution's guarantees of equal treatment and due process. But Walker also issued a temporary stay, suspending the ruling until he has had time to consider a request by the supporters of Proposition 8, filed late Tuesday, for a longer-term stay while they appeal his decision. The temporary stay means that same-sex couples are still prohibited from marrying.

Walker ordered lawyers for two same-sex couples who challenged Proposition 8 to respond to the request for a stay by Friday.

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The case was the nation's first federal court trial on a U.S. constitutional challenge to a state ban on same-sex marriage. Walker heard evidence in the nonjury trial in January.

Sally Kuhlman, a Mill Valley social media consultant who has been with her partner Celia Graterol for 15 years, said she was happy with the latest twist in years-long rollercoaster ride.

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"I had kind of let go of expectations," she said. "I didn't want to be disappointed but I woke up hopeful."

Kuhlman and Graterol got married Nov. 1, 2008, just two days before Prop. 8 passed, when they felt that they election wasn't going to go their way.

"We just decided to do it, and we planned a wedding in three days," she said.

Paula Pilecki, executive director of the Spectrum LGBT Center in San Rafael, said she is pleased that Walker upheld the right of equality for same-sex couples under the U.S. Constitution. 

"The ruling reflects the growing consensus in courtrooms and legislatures across the country, and around the world, that there is no good reason to exclude same-sex couples from marriage," Pilecki said. "Marriage equality opponents built their case on discriminatory, fear-mongering arguments, and have tried over and over again to frame same-sex marriage as detrimental to our society. Judge Walker ruled that there is no substance to these or any other arguments from those who wish to deny equality to same-sex couples."

Spectrum planned to hold a "toast for equality" at Jason's Retaurant in Greenbrae tonight at 6pm. 

Theodore Olson, a lawyer for the two couples, said, "On no less than 14 occasions, the Supreme Court has held that marriage is a fundamental right. This decision recognizes that Proposition 8 denied the plaintiffs, and tens of thousands of other Californians, that fundamental constitutional right and treated them unequally."

Walker's 136-page ruling rejected Proposition 8 sponsors' arguments that voters had a rational basis for enacting the measure to protect the traditional definition of marriage and to encourage responsible child-rearing.

"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license," he wrote. "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."

"Moral disapproval alone is an improper basis on which to deny rights to gays and lesbians," he continued. "The evidence shows conclusively that Proposition 8 enacts, without a reason, a private moral view that same-sex couples are inferior to opposite-sex couples."

The judge issued a permanent injunction prohibiting enforcement of Proposition 8, but the injunction will go into effect only if and when the stay is lifted.

Proposition 8, approved by California voters as a state constitutional amendment in November 2008, provided that "only marriage between a man and a woman is valid or recognized in California."

Gov. Arnold Schwarzenegger issued a statement in response to today's ruling.

"For the hundreds of thousands of Californians in gay and lesbian households who are managing their day-to-day lives, this decision affirms the full legal protections and safeguards I believe everyone deserves," Schwarzenegger said.

Even as Walker's decision is a victory for same-sex couples in California, Pilecki noted that 44 states continue to deny same-sex couples the freedom to marry, and federal marriage discrimination persists.  

"We must continue to work toward eliminating the unfairness of both state and federal laws that prohibit same-sex couples from marrying," Pilecki said. "Today's ruling by Judge Walker powerfully confirms the growing consensus that same-sex couples deserve basic fairness."

Kuhlman said it was important to keep it all in perspective, knowing that this ruling won't be the last word on the subject.

"It's one step forward and there will probably be two steps backwards later," she said. "It's a long process and we'll wait it out. We're committed and together regardless."

Bay City News Service contributed to this report.


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