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Proposition 8 overturned: Reaction
Published Thursday, 05-Aug-2010 in issue 1180
The HRC
WASHINGTON – The Human Rights Campaign – the nation’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization – today praised the historic decision of Chief Judge Vaughn Walker of the U.S. District Court for the Northern District of California in Perry v. Schwarzenegger, which declared that the amendment to the California Constitution barring marriage for same-sex couples, adopted in November 2008 as Proposition 8, violates the U.S. Constitution’s guarantees of equal protection and due process.
“After hearing extensive evidence in support of marriage equality, and essentially no defense of the discrimination wrought by Prop 8, Judge Walker reached the same conclusion we have always known to be true – the Constitution’s protections are for all Americans, including the lesbian, gay, bisexual and transgender community,” said HRC President Joe Solmonese. “We thank the courageous plaintiff couples, the American Foundation for Equal Rights, and attorneys Ted Olson and David Boies for their tremendous efforts leading to today’s decision and their ongoing commitment as the case moves forward on appeal. The battle for marriage equality continues, and we must all continue our work – in courthouses and statehouses, in church pews and living rooms – until equality is reality for LGBT people and our families everywhere.”
In response to a 2008 decision by the California Supreme Court ending marriage discrimination in the state, anti-equality forces succeeded in placing a constitutional amendment on the November ballot. Despite over 18,000 same-sex couples having married, California voters adopted the amendment, known as Proposition 8. After the California Supreme Court determined in 2009 that the adoption of Prop 8 did not itself violate the California Constitution, two plaintiff couples — Kris Perry and Sandy Stier and Paul Katami and Jeff Zarrillo – filed suit against the State of California in federal court, represented by attorneys Ted Olson and David Boies and supported by the American Foundation for Equal Rights. The proponents of Prop 8 intervened in the case to defend the constitutionality of the amendment. Judge Walker held a historic trial in January, in which the plaintiffs presented substantial testimony and evidence to show that Prop 8’s only purpose is to discriminate against same-sex couples. Both sides have previously indicated that they would appeal Judge Walker’s decision to the U.S. Court of Appeals for the Ninth Circuit, and the case may ultimately be heard by the U.S. Supreme Court.
Noreen Evans
(SACRAMENTO, CA) Today U.S. federal district court judge Vaughn R. Walker overturned Proposition 8 on the grounds that the ban prohibiting same-sex couples from marrying is unconstitutional. The following is a statement from Assemblymember Noreen Evans (D-Santa Rosa) on the court’s ruling:
“I am thrilled to see this ruling overturn ballot box bigotry. Like all forms of discrimination, Proposition 8 must be overturned and put behind us as a shameful part of our state’s history. The sooner we embrace equality, the better off we will be!”
Michael B. Keegan Michael B. Keegan, President of People For the American Way, issued the following statement:
“This is a historic day for California, and for our country. Proposition 8 took away the freedom of committed couples to make what is one of the most important decisions in any person’s life—to make a lifelong promise of caring, responsibility, love, and protection for another individual. Now, like the thousands of other California couples who have been barred from marrying who they choose, Kris Perry and Sandy Stier can have security of knowing they can receive legal protections for their family, visit each other’s hospital rooms when they are ill, and provide for each other in old age. They now have the freedom to make that lifelong commitment to each other.
“This decision is an important step in the right direction, but there’s a lot of work left to do. We will continue to work toward making America a place where all couples can enjoy the freedom and security of marriage.”
The ACLU
“Today’s decision is a huge victory for the LGBT people of America. For the first time, a federal court has conducted a trial and found that there is absolutely no reason to deny same-sex couples the fairness and dignity of marriage,” said James Esseks, Director of the ACLU Lesbian, Gay, Bisexual and Transgender Project. “At the same time, we know that this is not the end. In order to give this case the best possible chance of success as it moves through the appeals courts, we need to show that America is ready for same-sex couples to marry by continuing to seek marriage and other relationship protections in states across the country. It’s simply not fair, and not legal, to continue to exclude committed same-sex couples from marriage.”
Donna Frye
“This decision shows that justice was served by affirming that all people shall be treated equally under the laws of our state.”
Brown Issues Statement on Today’s Ruling on Proposition 8
Attorney General Edmund G. Brown Jr.’s statement on Judge Walker’s ruling on Proposition 8 today:
In striking down Proposition 8, Judge Walker came to the same conclusion I did when I declined to defend it: Proposition 8 violates the equal protection guarantee of the Fourteenth Amendment of the United States Constitution by taking away the right of same-sex couples to marry, without a sufficient governmental interest.
California Log Cabin Republicans responds to Prop 8 case decision
(Los Angeles, CA) - In response to the decision by US District Judge Vaughn Walker in the case of Perry v. Schwarzenegger, California Log Cabin Republicans (LCR) issued the following response from LCR State Chairman Leonard M. Lanzi:
“Today, all Californians have had their rights strengthened through the court’s decision. As Republicans, we are heartened that plaintiff’s attorney Ted Olson and David Boies used core conservative principles of privacy, liberty and freedom to convince the court that Prop 8 should be overturned. While we anticipate this decision to appealed to the highest court in the land, Log Cabin Republicans will continue our work to change hearts and minds in all communities across the California.”
Congresswoman Tammy Baldwin (D-WI)
“We live in a democracy wherein majority rule is checked and balanced by the guarantee of inalienable minority rights. This case, as it wends its way up to the U.S. Supreme Court, presents jurists with fundamental questions about minority rights and majority rule. I believe Judge Walker got it right, declaring that denial of marriage rights and protections to gay and lesbian citizens violates the Constitution even if it reflects the will of the majority of Californians,” said Congresswoman Tammy Baldwin (D-WI), Co-Chair of the Congressional LGBT Equality Caucus.
Council Member Todd Gloria
SAN DIEGO, CA (August 4, 2010) – San Diego City Councilmember Todd Gloria released the following statement following the U.S. District Court’s ruling today on the legality of Proposition 8.
“I am overjoyed that the U.S. District Court overturned Proposition 8. I know our fight to secure this right is not over, but I am confident this civil right will be confirmed and marriage equality will be realized.”
U.S. Senator Dianne Feinstein
WASHINGTON, DC – U.S. Senator Dianne Feinstein (D-Calif.) today issued the following statement in response to Judge Vaughn Walker’s ruling that Proposition 8 is unconstitutional:
“This is an enormous victory for the equal rights of gays and lesbians. Judge Vaughn Walker’s ruling today confirmed what many of us had felt was clear all along: that it is unconstitutional to take away the rights of gays and lesbians to enter into the institution of marriage.
Most likely this verdict will be appealed and will go to the Supreme Court. The journey is not over, but today is a day to celebrate this historic victory for equal marriage rights. This is very good news.”
Dr. Delores A. Jacobs
We have stood here together before. Waiting and hoping. Sometimes our faith and hope were dashed, other days we celebrated victories.
And today is a victory!
Today all those who love justice applaud the ruling from the U.S. District Court, in the case of Perry v. Schwarzenegger, which finds California’s Proposition 8 unconstitutional under both equal protection and due process clauses.
This is a great day for every American who believes that the US Constitution guarantees us all equal treatment and due process. The decision further reminds us all that in America there are laws, principles and freedoms that are fundamental; “the people” cannot simply decide to discriminate against a group they may not like. The fundamental rights of a minority cannot be stripped away by a popular vote of the majority, and it is fundamentally unconstitutional to have one set of laws for some, and another set for the rest of us.
During this court case the federal court heard directly from lesbian and gay couples about the harm that marriage inequality does to their lives and families. Like last month’s case in Massachusetts, again the court did not hear a single rational reason for continuing to exclude same-sex couples from the fundamental freedom to marry.
Some of the most respected attorneys in the country, conservative and liberal alike, laid out a clear and compelling case that no intellectually honest court could dismiss. The advocates for Prop 8 demonstrated that the intention and approach to Prop 8 was not rational and reasonable but instead, a direct product of their hostility, fear and dislike for lesbian and gay couples and families. That isn’t reason for discrimination in America.
Congressman Jared Polis
WASHINGTON—Congressman Jared Polis (D-CO) issued the following statement today after Chief U.S. District Judge Vaughn Walker overturned California’s same-sex marriage ban known as Proposition 8.
“I applaud Judge Walker’s decision to overturn Proposition 8. No one should be denied the opportunity to choose his or her spouse. It is a basic human right. It is a deeply personal decision. Throughout history, our country has made great strides moving forward with equality and civil rights for all. Proposition 8 set this country back by attacking gay couples who only wanted to share lifelong obligations and responsibilities. It sent the wrong message to society, was unconstitutional and it deserved to be overturned.”
Jody M. Huckaby, Executive Director, PFLAG National
Today’s ruling sent the message that equality means equality for all.” - Jody M. Huckaby, Executive Director, PFLAG National “Today is, in no uncertain terms, historic,” said Jody M. Huckaby, executive director of PFLAG National. “With this monumental ruling, all families win and at last have the security of knowing that all of our loved ones – both straight and gay – have the same freedom to marry. Today’s ruling sent the message that equality means equality for all.”
Sen. Christine Kehoe
SAN DIEGO – Sen. Christine Kehoe (D-San Diego) issued the following statement after U.S. District Judge Vaughn Walker today ruled that California’s Proposition 8 is unconstitutional:
“I applaud Judge Walker’s ruling on behalf of equality today for all loving and committed couples in California. These men and women deserve the right to marry and this decision reinforces that our society is a fair and just place. I hope the community celebrates today’s victory and remains vigilant in the pursuit of civil rights for all Californians.”
The LBGT Center San Francisco
“We applaud Judge Walker’s ruling in the case against
Proposition 8,” said Rebecca Rolfe, Executive Director of the San Francisco LGBT Community Center. “Everyone should be afforded the same opportunities and equality under the law. This ruling brings us one step closer to realizing a brighter future where no one is left behind.”
Robert Contreras, Interim Executive Director of BIENESTAR
Robert Contreras, Interim Executive Director of BIENESTAR, issued the following statement in response to today’s landmark ruling:
“With today’s decision, this California federal court has issued a powerful message to those concerned about equal treatment for all under the U.S. Constitution: we must treat equally all our nation’s citizens under the rule of law. While this ruling will not completely resolve continued discrimination faced by members of the Latino LGBT community, it is a step forward against homophobia and discrimination. PROYECTO ORGULLO will continue to work to ensure that all members of our community are treated equally and that we all are protected by the same laws.”
Assembly member Mike Feuer
August 4, 2010 (Sacramento) – Assembly member Mike Feuer (D-Los Angeles) has issued a statement on Judge Vaughn Walker’s ruling that Proposition 8 is unconstitutional:
“The Constitution says that all Americans are equal under the law, and that our nation has no second-class citizens. Today, Justice Walker reaffirmed this fundamental truth by ruling that Prop 8’s discriminatory language has no place in our laws,” said Feuer. “Attaining marriage equality is so important, but the cause is about even more—it’s about affirming the dignity and humanity of each of us, in all facets of our lives.”
Senator Mark Leno
Senator Mark Leno (D-San Francisco) issued the following statement today in response to Chief U.S. District Judge Vaughn Walker’s decision regarding Proposition 8, the statewide initiative approved by voters in 2008 that prevents same-sex couples from marrying in California.
“Today’s decision is a landmark victory for California and all caring couples who wish to make lifelong commitments to one another through marriage. Triumphantly we send the resounding message to the world that all people are treated equally under the laws of our nation. This decision not only upholds the constitutional right to marry for same-sex couples, but also affirms our fundamental rights as human beings, which for so long have been denied. The decision underscores the respect, dignity and validation which all loving couples deserve
“As we celebrate today’s decision, we must never forget how far we have come, or the courageous leaders upon whose shoulders we stand. They had certainly envisioned this day, but did not live to see it. It is through their courageous blood, sweat, tears and sacrifice that we found our victory.
“In the words of the Declaration of Independence, ‘We hold these truths to be self-evident, that all men (and women) are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are life, liberty and the pursuit of happiness.’”
Senator Mark Leno represents California’s 3rd Senate District, which includes Marin and portions of San Francisco and Sonoma Counties. He is the first openly gay man elected to the California Senate and one of the first two openly gay men elected to the Assembly. As an Assemblymember, he authored California’s first bills that would have given same-sex couples the freedom to marry. The Legislature passed the marriage bill in 2005 and again in 2007, but both measures were vetoed by Gov. Arnold Schwarzenegger.
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