Prop 8 Declared Unconstitutional

For those not in the know…

Proposition 8 (or the California Marriage Protection Act) was a ballot proposition and constitutional amendment passed in the November 2008, state elections. The measure added a new provision, Section 7.5 of the Declaration of Rights, to the California Constitution, which provides that “only marriage between a man and a woman is valid or recognized in California.”

You can click Proposition 8 for a link to the Wikipedia information posted.  It’ll give you a nice history of what’s been going on.

Prop 8 was passed of course and immediately it went to court on the basis of being unconstitutional.


The judge ruled it unconstitutional.

It’s a big step for GLBT rights in America.

Judge Walker’s ruling,

Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed the evidence shows Proposition 8 does nothing more than enshrine in the California constitution the notion that opposite sex couples are superior to same sex couples. talks about this step in GLBT rights and how it certainly isn’t over yet.

It is virtually certain the ruling will be appealed to the Ninth Circuit Court of Appeals.  Among the federal circuits, the 9th is one of the more liberal, so it is likely Walker’s ruling will be upheld there and then go on to the Supreme Court. With the current conservative bent of the U.S. Supreme Court it is anybody’s guess what will happen there.

Judy Shepard, a huge advocate for gay rights after her son Matthew Shepard was beaten, tortured, and tied to a fence and left for dead in Laramie, Wyoming back in October of ’98… because he was gay.

After Matt came out to me, he once asked me if I thought gay couples would ever be allowed to get married. I told him I didn’t think it would happen in my lifetime, but it probably would in his. It’s so sad, and ironic, that it turned out the other way. But this case warms my heart, to think that his dream is still coming true.

I try to stay clear of politics and social issues here this is an issue close to my heart and I want to declare my support for No On Prop 8.

Additional Links:

AfterElton – Ruling issues in Prop 8 Court Challenge

Gizmodo – The Tech Companies That Helped Fight Prop 8

Gawker – California Proposition 8 Ruled Unconstitutional, Overturned

Advocate – Proposition 8 Overturned
Advocate also has several interviews with celebrities and their opinions on Prop 8.


2 thoughts on “Prop 8 Declared Unconstitutional

  1. I don’t have any problem with GLBT, and I disagree with Prop 8 being passed in the first place (actually, I’m 100% for civil unions for everyone, and marriage being something that’s simply a personal thing and has so bearing on any kind of legal things), but I can’t imagine that having Prop 8 ruled unconstitutional by an openly gay judge really helps the matter. It’s like having Richard Simmons declare a law against exercise as unconstitutional. Or me overturning a ban on cupcakes. There’s obviously lots of room for people to claim he’s biased.

    Regardless, I don’t think anyone can argue that the GLBT community will ruin marriage, as it’s pretty fucked up already, IMHO.

    On a side note… this is now the only WoW blog I still read, and it’s not even about WoW anymore, lol!

  2. Xeo says:

    “On a side note… this is now the only WoW blog I still read, and it’s not even about WoW anymore, lol!”


    Personally I don't see marriage in my future but just having someone tell me I can't do it makes me want it (even if I don't). Stupid psychology. I think the whole thing is just a mess and it feels like school yard arguing.

    Marriage is already fucked up. Divorce rates and all that hub-bub. California already had legalization of gay marriage and the world didn't end so I'm not sure why it will now.

    Having a gay judge doesn't make it easier and just gives people more ammunition. I think it was The Bilerico Project ( that pointed out that Thurgood Marshall didn't excuse himself during civil rights issues (just food for thought). The briefs from the trial though are pretty good reading if you have the time.

    I think thats one of the big problems is that the word marriage means too many things. At its heart it is the binding of two people and it should be between those two people. The problem comes in that the word marriage is the definition under the law that gives about 1400 different benefits (roughly 400 state and 1000 federal) to the couple.

    On a semi-related note, if you ban cupcakes you'll have a war on your hands!

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