2:00pm | A federal judge in San Francisco today ruled that the voter-approved Proposition 8 – passed in November 2008 that essentially bans same-sex marriage – violates the constitutional rights of gay and lesbian couples.
The ruling will likely be appealed in the U.S. 9th Circuit Court of Appeals, and then the Supreme Court.
U.S. District Judge Vaughn Walker’s decision allows marriage between same-sex couples. In part, his decision states, “…Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation.”
Long Beach is home to a substantial LGBT community and the Long Beach Pride Parade, one of the largest celebrations of gay and lesbian equality in the country. A rally is planned tonight at Bixby Park.
Long Beach City Councilmember Robert Garcia released the following statement in reaction to the ruling:
“I am proud that our court system stood up for equality and for the rights of all Americans to marry the partners of their choice. This fight is not over, but as a community we are thankful, energized, and ready to get to work.”
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UPDATE 3:30pm | In taking a look at how we came to this point, remember that California law always said marriage was defined as between man and a woman. That section was removed from the State Constitution in 2008, and three couples in Long Beach celebrated with a joint wedding.
It didn’t take long for opponents of same-sex marriage to place a measure on the November ballot that would re-institute the original wording to the law. This would become Proposition 8, and it passed with just over 52% of the vote in November 2008. This led to an out break of protests through Southern California, one of which drew more than 3,000 people who marched through the streets of Long Beach.
Shortly after, the Long Beach City Council voted to support the effort to challenge the constitutionality of Proposition 8. In May 2009, however, the California Supreme Court voted to uphold Proposition 8 and a rally drew about 1,000 people to Bixby Park, the sight of tonight’s rally as well.
Opponents of Proposition 8 kept challenging, though, and the case came before Federal Judge Vaughn Walker. He deliberated for months while hearing testimony from both sides and released his ruling today, announcing that Prop 8 violates the constitutional rights of gay and lesbian couples.
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UPDATE 3:45pm | Commentor “Eagle Eye” does bring up a good point in the discussion below, that Judge Walker is openly gay himself and ruled in favor of same-sex marriage earlier today. Walker, an appointee of President George H.W. Bush in 1989, has never attempted to hide his sexuality.
Legal defenders of Proposition 8, when asked by reporters earlier this year, did not take issue with Walker’s sexuality but some reports say that they did object with what they deemed unfair decisions like handing over thousands of pages of documents and broadcasting the proceedings.
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UPDATE 4:00pm | Before he hosts tonight’s rally in Bixby Park, Ron Sylvester took a moment to share his thoughts on today’s ruling.
“It’s obviously a great day in California,” said Sylvester, “and we’re excited that for the first time we have constitutional precedence on the issue of same sex marriage. It’s a very significant ruling and very significant day in the fight for equality.”
Sylvester is a board member of The Center Long Beach, a well-known non-profit organization that provides support services to the gay and lesbian community. He recalled The Center’s role in hosting same-sex marriages during the short time that the ceremonies were legalized in 2008.
“We look forward to the day where we can do it again, to mark the second wave of gay marriages in California.”
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UPDATE 5:30pm | Long Beach Mayor Bob Foster and openly-gay City Councilmember Gerrie Schipske have released the following statements:
Foster: “Today’s decision by Judge Walker to declare Proposition 8 unconstitutional marks an important step in the civil rights movement towards marriage equality,” said Long Beach Mayor Bob Foster. “I applaud the Long Beach LGBT community and allies for their courage and tenacity in their efforts to win this ruling.”
Schipske: “The decision by the Federal Court today ruling that Proposition 8 is unconstitutional should be celebrated by everyone — no matter what a person believes concerning sexual orientation — because our constitutional rights were affirmed and remain in tact.”
UPDATE 5:35pm | Click here to download the ruling.
More to come.
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