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BREAKING NEWS Judge Vaughn Walker Rules Proposition 8 is OVERTURNED

Melanie Nathan – August 04, 2010

No law may violate the U.S. Constitution. Our nation’s Founders established the courts to protect every American’s constitutional rights against discriminatory laws.

Breaking News: Today Chief Judge Vaughn R. Walker of the U.S. District Court, Northern District of California, has ruled in a  136 page landmark decision, Perry v. Schwarzenegger effectively overturns Proposition 8.

http://www.goodasyou.org/good_as_you/2010/08/eek-the-prop8-decision-is-here.html

This is a major Victory for same-sex marriage around the entire United States.  It may take the issue to the Supreme Court signaled by preemptive challenges already filed by anti gay marriage  proponents yesterday.

When Proposition 8 passed in 2008, the voters usurped an inherent right to equal treatment under the civil law, from same-sex couples. The LGBT community in California was astounded, shell shocked. The loss to the Gay community was profound and in essence sparked a still developing equality movement.

By the time vote day dawned, the sickening reality hit across California, and the USA that this State, progressive and innovative, had lost to a YES vote against civil rights, purchased by religious groups from outside California.  The LGBT advocates and equality, No on 8 soldiers had simply left it too late to out-gun the likes of the Evangelicals,  Latter Day Saints, and other anti-gay money that poured into California’s “Yes on 8” ads.

Prop. 8 unconstitutionally stripped away the right of same-sex couples to marry in California.

An unprecedented federal court challenge was filed in May 2009, by unlikely team and pro equal treatment advocates, Theodore Olson with Co-counsel David Boies, who had previously faced-off in Bush v. Gore, to fight this highly publicized trial in January 2010 with argument presented June 16,  representing the two same-sex  couples , Kris and Sandy, Jeff and Paul, seeking their equal right to marry; and today  Perry v. Schwarzenegger,  speaks not only to California, but to all of the USA, to President Obama and Congress and to the rest of the World.

The fundamental constitutional right to marry which had been taken away from the plaintiffs, and tens of thousands of similarly situated Californians, has been restored.

The State of California  had rewritten its constitution in order to place gays and lesbians into a special disfavored category where the most intimate personal relationships are not valid, not recognized and second rate,  through the flick of pens by ill informed and misled voters.

“There is not a compelling governmental interest to put  the plaintiffs in a class like this and take away what the  Supreme Court has called a fundamental right, a right of  liberty, privacy, association, intimacy and autonomy, said Olsen in closing argument.

The  Full text of the JUDGMENT  can be found at

The Question is will the Mayor immediately  re-open licenses for same-sex couples in San Francisco and what path will other Counties take, as clearly this case heads for The Supreme Court of the United States of America.

Melanie Nathan
nathan@privatecourts.com
@oblogdeeoblogda
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