We won. Prop 8 declared unconstitutional by federal judge.

United States
August 4, 2010 4:35pm CST
Finally! A great battle win.
5 people like this
15 responses
@sid556 (30960)
• United States
5 Aug 10
Great!! It's about time!
2 people like this
• United States
8 Aug 10
I know - I celebrated with a few friends. They all expected to hear from me. The fight is far from over, but the ruling was so encouraging. :-)
• United States
5 Aug 10
This was a no brainer to me. EVERYONE who is an American citizen in this country is covered by the constitution and the bill of rights...It does not matter what race, religion,color, $exual orientation, age, or gender....we ALL have the same rights. Congrats...I am soo happy you won. I am just sad and sorry you and anothers have had to fight so hard just be treated like everyone else.
2 people like this
• United States
8 Aug 10
It was a great win for equality. I am a straight ally, but I firmly believe that an injustice done somewhere is an injustice done everywhere. Kudos to Judge Walker.
@sierras236 (2739)
• United States
5 Aug 10
Empty victory. A couple reasons why. 1. California law still stands. 2. Marriage regulation is not a Federal Power as listed in the Constitution. 3. If the same provisions are allowed for those who get married and those with a domestic partnership, then the equality clause does not apply. It just because two different names. 4. Gay marriage is NOT recognized by the Federal Government. 5. Current President is a believer in one man and one woman. Okay, so more explanation. 1. The judge has issued a stay that keeps the current law in place. 2. The States currently regulate marriage. The Federal Government does not. Thus, this issue could quickly become a State's rights vs. the Federal Government overstepping bounds type of fight. (Health care insurance bill is a good example of this type of fight.) In this case, a Constitutional amendment would be a necessity and this is absolute wrong Congress with the wrong President to try this with. (Really, really, really bad timing) 4. This is a big one which would include major changes to the current federal tax law.
• United States
5 Aug 10
But it can be if the "perks" are the same. Which would amount to a change in tax law and that's about it.
• United States
5 Aug 10
Ooh forget to add. It is the State law that is being sued not the Federal government. So, the fact that the Federal government doesn't recognize gay marriage is irrelevant in this particular case. In fact the only reason I pointed it out was to show the current climate in Washington is not favorable to making a new amendment. So long as California is giving them the same "perks" as married couples, then the 14th Amendment argument is no longer valid. I really think that this is what the judge is looking at. Comparing the domestic partnership laws with the marriage laws.
• United States
5 Aug 10
A much fuller victory than you think. Marriage regulation may be a State function, but equal protection under the law is indeed a federal power, per the 14th Amendment. The court's finding of fact that marriage is a fundamental right is huge. The fact that the federal government doesn't recognize gay marriage means that domestic partnership cannot be regarded as equal to marriage.
1 person likes this
@spalladino (17891)
• United States
4 Aug 10
I was wondering if you were going to find time for us today. I know it's been a long, hard fight so congrats!
1 person likes this
• United States
4 Aug 10
I am excited, a great step forward. Naturally, it is going to appeals court, but the decision was very uplifting. So much mylotting to catch up on....
2 people like this
• Canada
4 Aug 10
While I am certainly pleased it was declared unconstitutional, it mainly only serves to sadden me. The fact that gays getting married is even an issue to begin with just disgusts me. It should simply be an accepted fact that they have as much a right to marry as the straight white Christians rallying against it. And for all the right wingers out there, think of how much taxpayer money could have been saved if you'd just accepted this and not bothered taking it through a judge. I may be a humanist, but I am still so sickened by much of humanity.
2 people like this
• United States
4 Aug 10
I couldn't agree more. And, I love your quote, "I may be a humanist, but I am still so sickened by much of humanity." I am just getting back into the mylot swing, and words excite me, and that quote echoes.
1 person likes this
@AlixJ18 (27)
• United States
8 Aug 10
It always saddens me so deeply to hear these ignorant peoples words. And the fact that i see them as the majority everywhere scares the crap out of me, it makes me hate people, which i don't want. I'm so glad it was struck down, i was a supporter against prop 8 and went to rallies against it. It always surprises me how this can even be an issue, to me it does not make any sense, the fact anyone thinks it's normal to not let two consenting adults get legally married is disturbing. All of you talking about god SHUT IT! This has NOTHING to do with god, this is about legal marriage not religious, gays want the same LEGAL rights as everyone else. And it's sad that anyone had to come here to rant about their bigoted views, leave the post alone if you don't like it, and stop the H8!
1 person likes this
• United States
11 Aug 10
Am I missing something here? I was under the impression that myLot was for everyone, not just left-wing liberals. This is an open forum and if you start a discussion, especially a political or religious one, you should be prepared to see comments from those with a different viewpoint. I very carefully read all comments here and guess what I dicovered? All derogatory comments and name-calling came from the left wing side. Imagine that. You say we are haters, yet you are the ones so inflamed and incensed when we try to give our viewpoint. You just don't want to listen to our opinion. The words I read in your posts and those who agree with you include: "ignorant, hate, shut it, loathesome, bs, idiotic, lame, brainwashed, hater-ade, known around myLot as nutters drinking Kool-aid". Now, who are the real haters? If you would only realize that we don't hate anyone, quite the opposite. And because of that we will continue to voice our opinions in an open forum just as you do. And now I am speaking to you right-wingers. I heard a quote that said, "Evil abounds when good men do nothing". Don't sit back and just read and silently agree. Voice your opinion one way or the other. There IS power in numbers and as long as we still have the right to vote, then vote! Even though this Judge overturned the people's choice your vote is still very important. I think one of our worst enemies is apathy. If you get too comfortable in your easy chair things will be done that you won't like at all. It is happening right under your nose at this very moment. Take a stand. Please.
• United States
8 Aug 10
Thanks for your post! It's mostly the religious fanatics who hate marriage equality. It doesn't make sense to me either - I live in a part of California that is fairly liberal, but the haters spewed their bs in my town, and layered rows of "yes on 8" signs wherever they could, and spread their idiotic lies throughout our state (like schools will give explicit homosexual detail to five year olds and people were losing their freedom of speech). The rallies were painful, but I went as often as I could. You can not communicate with the haters. They are not human. Or if they are, they are so badly scarred from something and heavily brainwashed. I attended quite a few rallies, and in some, you would see religious people there, rallying against prop 8, so its not all the religious people. (I say that because I am a professed atheist and don't want to appear like all religious people are to blame.) Those posting in support of prop 8 here are known around mylot as being the nutters and drinking the kool-aid, so I don't pay them much mind. A lot of those posting in support of our victory fall right wing, and that pleases me greatly, because I am somewhat on the left wing. I am glad to see that marriage equality is important to both primary parties - just not the religious fanatics. I don't quite know how the fanatics keep popping up everywhere with their hate and scare tactics. Perhaps because no one banned their marriage, and they reproduced and instilled intolerance in their own offspring. I totally get that it makes you "hate people" when you don't want to. I have actually said that on several posts here at mylot. This was just a very nasty proposition. And I am glad it was struck down. But, realistically, it will resurface, and those drinking the hater-ade will be equipped with new scare tactics and lies. And large funds.
• United States
5 Aug 10
Congrats ladybugmagic! I am happy as well because now many of my cousins and family members can get married.
• United States
9 Aug 10
Yeah, sadly, you all will still have to go to the Supreme Court because the bigots will still try to fight to keep Prop 8 legal. You are certainly going to have a fight on your hands.
• United States
8 Aug 10
I am so thrilled! Congrats to your family! I love love, I do. I want to get married, and my boyfriend and I plan to, as soon as all of our fellow citizens can. I know we are not in the clear just yet, and it is still an uphill battle. Organizations are actually trying to have the judge impeached, people are holding pictures of nooses saying that should be the solution to gay marriage, etc. The bigots are rallying and raising funds. But this ruling meant something to me. It renewed the motivation I need to keep supporting my friends and neighbours. I was down in the dumps for a while about this.
1 person likes this
@Netsbridge (3253)
• United States
4 Aug 10
I think what you guys won is the right to be you and/or the right to live as you please, provided that you are not violated another's right. Anyway, while I do not condone the gay/lesbian lifestyle, I however hold that people, especially consenting adults, are free to live as please, as long as they are violating the rights of others. And while you are free to live as you please, the gay/lesbian lifestyle does not qualify as marriage under God's and my definition! I will not stop you from living as you please; and please do not force me to accept your abnormal lifestyle as normal. Truce?
• United States
4 Aug 10
I am a straight supporter, and I don't believe in god, but even if I did, my god would recognize all as created equal. We all have the right to be who we are, as you said. You believe in a different god than I do, but I won’t call you abnormal and then request a truce. I would accept you for who you are, and accept it as normal for who you are. I can invite you to celebrate diversity with me. But, I won't go out of my way to classify anyone's being as normal or not normal. Life is too short for classifications and judgments like that.
1 person likes this
• United States
5 Aug 10
@Netsbridge: I don't care if you recognize gay marriages as legitimate, just so long as the law recognizes them as legitimate, and your failure to recognize their legitimacy doesn't result in your denying married gay couples any of the rights and privileges under the law that pertain to marriage. If you're cool with that, truce. If not, it's on.
2 people like this
@Taskr36 (13963)
• United States
4 Aug 10
It's a pretty empty victory in my opinion since the judge himself behaved in an unconstitutional manner. He failed to articulate any factual basis for it being unconstitutional, but rather went with his PERSONAL feelings on the matter. Judge made law is unconstitutional. It's sad that the pro-gay marriage people in California were to lazy to get off their butts and VOTE against prop 8 when it came up. In fact the challenge to it last year went nowhere because of the laziness of the gay marriage crowd.
• United States
4 Aug 10
The sad part is the youth is wiser than some of those of voting age. We have a lot of people who wanted to vote NO, and were eager to, but were only 17. Not laziness. Not as much money as out of state funded churches, and not as much momentum yet, because we were still recovering from the yes on 8's lies and misinformation. The NO on 8 side has been canvassing, and the majority is flipped into equality's favour, now that people who did support the prop know they were wrong. As always, taskr - it's a pleasure chatting with you. I have been sick, terribly so, so this is the news I needed to enlighten me. Not even you can spoil it for me.
@irishidid (8687)
• United States
5 Aug 10
OMG, you and I agree on something. LOL I have a friend who is having a commitment ceremony with his partner this month. I've known him since we were in the 7th grade. His happiness and well-being mean more to me than some law that wants to deny him the right to be with who he chooses. Not extra rights, but the same rights as others.
@irishidid (8687)
• United States
5 Aug 10
Let me add though-marriage is over-rated and I'd never do it again, but each to his own!
• United States
8 Aug 10
Rock on! I am pleased to hear we agree on this. I am glad you pointed out this is the same rights as others. Marriage is not for everyone, but everyone should have that right to decide.
• United States
7 Aug 10
Is it really wonderful when the courts ignore the will of the people? This reminds me of the complaints people have with some religions trying to force themselves on others. If it's what you want, it's all right, but if it's something you're against, how dare they! Force never works and this is an act of force.
• United States
8 Aug 10
Since myLot is an open forum, I have as much right to voice my opinion as you have to voice yours. The force is not having to marry but having to acknowledge homosexual couples as "married" when the definition of marriage is a union between a man and a woman. By insisting that they be classified as "married" rather than having a contract with their partner or having a civil union, the homosexual community is trying to legitimize by force their union as natural both in the secular and religious community whether or not either or any of these communities want to accept it. I don't blame homosexuals fighting for certain rights, like the right of inheritance or being the one in the hospital room when their partner is dying, but I do object to a judge trying to force anyone to accept something that they find unacceptable.
• United States
9 Aug 10
ladybugmagic: I don't find you "loathesome" just because we have a difference of opinion. As I understand it from your response to me, you expect me to be tolerant of your views while you get to be intolerant of mine. There is nothing I can do, nor would I do anything to prevent homosexuals from functioning as "married," but when the voters have voted a particular way and one person, even if he is a judge, negates the votes of the majority, that judge is trying to force the voters to accept what the voters find unacceptable. Since there is nothing in the United States Constitution regarding "marriage," no Constitutional rights have been violated. As I said before, I don't blame homosexuals for wanting particular rights, but I do object to homosexuals trying to legitimize their lifestyle by force. The homosexuals have bullied their way into almost every aspect of our lives. Neither you nor I nor an individual judge should have the right to force their position on someone else. That's why Proposition 8 was put to a vote, and it irritates me when the will of the people is overturned by the courts. You would feel the same way if the situation was reversed.
• United States
8 Aug 10
That would be all nice and dandy except for the fact that you cannot have two things that mean the same thing called by a different name, why are people so obsessed with a definition of a mad up word, this has nothing to do with religion at all, and when i said stay out of it i meant gay peoples private lives!
1 person likes this
@bestboy19 (5478)
• United States
5 Aug 10
I'm a bit confused about this. Is it right that the judge declared Prop 8 unconstitutional because it denied homosexuals their equal protection under the law? Is there a constitutional law concerning marriage? If there is not, how could their equal protection have been violated?
@Taskr36 (13963)
• United States
6 Aug 10
There isn't. This was simply an activist judge. The pro-gay marriage crowd latched onto this as it's easier to get one person to be an activist judge than to get the young and lazy people who are the majority of pro-gay marriage people to get off their a$$es and vote.
@Latrivia (2878)
• United States
7 Aug 10
Because, BestBoy, specifically excluding gays from the government endorsed institution of marriage violates the 14th amendment right to equal protection of the law.
1 person likes this
@bestboy19 (5478)
• United States
8 Aug 10
I didn't realize the government had endorsed the institution of marriage. Where is that is the Constitution?
@matersfish (6306)
• United States
4 Aug 10
The only part about it that worries me is the nonjudgment judgment by the judge. I'd like things to be made sense of and not driven through on loose opinion. That's just me. And the only reason why is that I can see the downside. I mean, if I got to call shots, for example, it would instantly go to my head. Things I believed in would be the only things, and everything else would be tired, backwards and out of place. Pfft! Not this in particular, but this type of stuff in general.
• United States
5 Aug 10
I don't care that gay folk marry. What always got me about the issue was the way in which "rights" were fought for. We don't need the bickering. As for jobs, hopefully 2010 will bring a better solution than allowing business people to open a line of credit! I can't speak for everyone, obviously, but as an individual running my own business, which isn't even really a "small" business w/employees, per se, the last thing I want to do is take out a loan. I want to profittttttttT. And if I can't profit on what I'm doing, I want to move on to something else and profit there. The last thing I want is some suit in Washington saying, basically, "Hey, I feel your pain. Now, go on down to the bank and get a high-interest loan to help you get through these tough times. Oh, by the way: we'll give you some relief on capital gains before we stick it to you later down the road." But this is a whole separate issue.
• United States
8 Aug 10
I am in the "lucky" category. I am straight, blonde hair, blue eyes. My right to marry has never been in jeopardy, nor any of my other civil rights. I was born in a decade where women were already allowed to vote, etc. But, if anyone ever told me that my marrying my soulmate would devalue the sanctity of their marriage, I would more than bicker. It would start with the "Excuuuuse me?!" with the accompanying head bobble and finger wave. Then the sleeves would go up. I would not get violent; I would point out how empty their lives and their marriage must be if my life and marriage had such a grave effect on theirs. I know its off the subject at hand, but, I think you should write a novel. I would buy it. Message me later. We could co-autor it.
1 person likes this
@K46620 (1986)
• United States
6 Aug 10
It's not a federal issue, period.
@K46620 (1986)
• United States
9 Aug 10
It's not progress at all.
• United States
8 Aug 10
It will be. Maybe not in my lifetime, but the US will pass a federal law granting marriage equality and recognition to all our citizens. Can't stop progress.
@jb78000 (15139)
4 Aug 10
great stuff
• United States
4 Aug 10
I am really excited. It's a small, but meaningful victory. :-)
1 person likes this