by Michael dEstries
Categories: People.

San Francisco federal judge Vaughn Walker has ruled that Proposition 8, the infamous November 2008 California voting initiative that barred same-sex couples from the right to marry, is unconstitutional. Specifically, Walker ruled that the law denied gays and lesbians “equal protection under the laws,” as guaranteed by the 14th Amendment and violated the Due Process Clause by impinging on a “fundamental right” without granting due process under the laws.

“Plaintiffs challenge Proposition 8 under the Due Process and Equal Protection Clauses of the Fourteenth Amendment,” the judge wrote. “Each challenge is independently meritorious, as Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation.”

Needless to say, the GLBT community is elated — as are likely the many celebrities who we’ve profiled here on the razz fighting to put an end to this discrimination. The fight isn’t nearly over — and the ruling will most definitely be appealed (and potentially wind up before the Supreme Court), but for today, it’s a victory well worth celebrating.

More information on the ruling available here.

About Michael dEstries

Michael has been blogging since 2005 on issues such as sustainability, renewable energy, philanthropy, and healthy living. He regularly contributes to a slew of publications, as well as consulting with companies looking to make an impact using the web and social media. He lives in Ithaca, NY with his family on an apple farm.

View all posts by Michael dEstries →
  • franklin

    how is this green gossip?

    • Ryan

      Agreed. This has nothing to do with anything green.

      Having said that I still can’t believe the USA is having this debate. The sky never fell here in Canada when we legalized gay marriage.

      • http://www.ecorazzi.com Michael d'Estries

        Agreed — but our definition of “green gossip” extends beyond environmentalism.

    • jeffc

      The same Ecorazzi page has a story “Susan Sarandon Standing Up For The Rights Of Child Victims” and another “It’s Official: Wyclef Jean Will Run For President Of Haiti”. Has anyone complained “how is this green gossip?” I’m glad they do stories like these. Some day not allowing gay people to marry will seem as terrible as the many other prejudices we’ve overcome.

  • Pingback: Introducing the Judge Who Disenfranchised the Majority « The Right of the People

  • WhooDoo

    Fifty percent of marriages fail – if gays want to get in on that, then let them!

    • Ryan

      Actually the last I heard (two days ago) 60% of first time marriages fail.

  • Michael Parrish DuDell

    Here’s the thing: To us, green is about being aware, conscious, thoughtful and standing up for a cleaner, kinder, and more compassionate world. Prop 8 is the antithesis of all those things, and we’re more than excited to announce its failure.

    • DavidPun

      I agree, but now we need to extend this to its logical limits to avoid another layer of discrimination. Society is plagued by all sorts of prohibitions on sexual preference labeling it perverted or whatever. If the Internet has shown us anything, it is that there is a bewildering array of exotic sexual preferences out there. This basically means we should extend the recognition of marriage to any people who share ANY sexual preference and who want to live together to enjoy the fruits of that sexual preference. The idea that the uniqueness of marriage was based on its ties to procreation or that the fruits of shared sexual preference should be procreation has been dealt a death blow by this legal decision. In fact clearly this Californian judge has shown us that perhaps Darwin’s theory of evolution may need some rework in the courts as being imlicitly discriminatory, because it seems to have the idea that sex is very closely tied to procreation, and that is clearly wrong. Obviously the only criterion should be whether the behavior hurts other people or not, so for example pedophilia can never fly because it intrinsically hurts another person, and generation and propagation of incurable disease cannot be included if it is possible to limit that by “fidelity” within the relationship or to find a cure by using science or whats left of science after the Califonian courts get their hands on it. This procreation stuff is a bit outdated anyway. Why the hell was the Internet invented anyway. It won’t be long before we can log onto “Choosemyfoetus.com” and select the DNA profiles that we want on line and even log on and see the little thing growing in its test tube. What a wonderful “green” future that will create.

      • ECOWARRIOR117

        Well, there must be some Darwinian reason for the existence of homosexuality, given that it occurs in dozens, if not hundreds of species.

  • The Informer

    Married couples have households that are greener than singles because they use resources better.

    Gay marriages=more green households.

    So there.

    • Ryan

      Are you serious? I, along with people I know are single and are much greener than any married couple.

      The word “green” usually disappears in most married peoples vocabulary. They need to work for that third car in their 3000sqft house 20 miles from work.

      • The Informer

        One researcher’s analysis says so.

        http://www.msnbc.msn.com/id/22086806/

        For example, just think about how much food a single wastes because it’s harder to plan for one, versus two or a family.

        If you can’t down a whole head of green lettuce before it wilts, someone else can make a toss salad and do it for you.

        One household to heat or cool versus two. One set of furniture versus two (less spending).

        The list could go on…

  • lizzie

    Who cares?….is this green?….no I thought not

  • georgina0912

    Does it really matter whether this is green news or not? There are more comments about this posting than about the Project Runway’s green contestant, or about Sting’s salami, or Sofia Bush running a half-marathon to fundraise for oil spill…

    Move on!

    And good for gay and lesbian couples, everyone should have the same rights and nobody should be pushed aside because a few others do not agree with their lifestyles or views.

    • David

      The Prop 8 opponents don’t realize you are following the game plan that the Mormon church had all along. You may be getting what you desired but the Mormon church is using your cause to get what they want.

      Didn’t any of you really question why the Morman church was so involved in the passage of Prop 8?

      They knew if Prop 8 passed it would go to court and they expected the court would rule exactly as it has. This ruling will probably be upheld all the way to thr US Supreme Court. Then same sex marriage will be legal in California, Yeah.

      But the same arguments the same sex marriage proponents are using in court and that are cited by the judge will apply equally to other marriage situations. Expect to see a challenge to California’s law against polygamy real soon. And based on the court rulings in the Prop 8 case the polygamy laws will probably be deemed unconstitutional.

      In fact I wouldn’t be surprised if the challenge to the polygamy laws comes very soon, because then the polygamy issue can be tied to the same sex issue and the court cases will be in tandem or possibly even combined. Same sex proponents will be in a position where they have to support polygamy and the Mormon church because the same arguments and legal issues will be involved in both cases.

      The Morman church doesn’t care either way about same sex marriage. This was their plan to get a court ruling that will support alternate marriage situations like polygamy.

  • ECOWARRIOR117

    I am concerned about the chances for repeal if this were to go before the supreme court. There are two problems: most of the justices are very old, and so may base decisions on outdated views and facts. Second, with the exception of Kagan and Sotomayor, The court is hyper-conservative. If Prop 8 was upheld by the Supreme Court, it could set gay rights back 25 years or more.

  • Pingback: Prop 8 Struck Down! CA Judge Rules In Favor Of Same-Sex Couples – Ecorazzi.com | escalaneighbors.com