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August 4, 2010
Prop. 8 Ruled Unconstitutional
Prop. 8 is unconstitutional, according to San Francisco federal judge Vaughn Walker.
Today's highly anticipated ruling overturns California's 2008 constitutional ban on same-sex marriages, narrowly approved by voters shortly after the state's Supreme Court legalized them (good refresher here). Both sides have pledged to appeal the case all the way to the Supreme Court, though the Ninth Circuit will receive it next.
In an electronically-filed decision, Walker explained why he believes Prop. 8 violates the Constitution’s equal protection and due process clauses. He 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."
Walker later observed: "A private moral view that same-sex couples are inferior to opposite-sex couples is not a proper basis for legislation." And concluded: "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."
A recent poll by the Public Religion Research Institute suggested Californians today would narrowly repeal Prop. 8 if voting again, though GetReligion pointed out the possible biases in the poll.
It's been a busy summer for same-sex marriage in the legal world. In July, a federal judge in Boston declared unconstitutional the 1996 Defense of Marriage Act, which codifies marriage as a union between one man and one woman. The July ruling held that the federal law violates states’ rights to define marriage by blocking legally married gay couples from federal benefits and violating the Constitution’s “equal protection” clause. Currently five states and the District of Columbia allow same-sex marriage, while 29 states have amended their constitutions to prohibit it.
Meanwhile, the European Court of Human Rights ruled in June that, because European Union members have not yet reached a consensus on the matter, same-sex marriage cannot be viewed as a human right. Portugal, Iceland and Argentina legalized the practice this summer.
Pew produced a research package on the U.S. debate here. Past CT articles on same-sex marriage can be found here.
Comments
Thank God.
Posted By: jeff | August 4, 2010 4:40 PM
Marriage equality in California! Hallelujah!
Posted By: Francisco Ross | August 4, 2010 4:46 PM
A sad day for America.
Posted By: Dennis | August 4, 2010 5:40 PM
In a world focused on hate and violence, this is a great day for God's love in America and specifically California. Thank you, Judge Walker.
Posted By: Jude | August 4, 2010 6:11 PM
A great day in America; a moment when the Golden Rule rules; and a small stop towards Paul's ideal of: "There is no longer Jew or Gentile, slave or free, male and female. For you are all one in Christ Jesus."
Interesting...one of my security words is "Integrating." But I'm sure that there are those who think the other word is the more appropriate, alas. "invading."
Posted By: Gregory Peterson | August 4, 2010 6:31 PM
I am not a Christian, but reading this and reading the majority of these comments makes me so incredibly happy that there are Christians out there who are voicing the true meaning of being Christ-like. Hopefully others will see that true Christians are ones who preach love and kindness. Thank you for representing your religion with such grace.
Posted By: Shan | August 4, 2010 6:43 PM
When did the Bible change regarding its message concerning the sinfulness of adultery, murder, theft, or homosexuality? I guess the faith once for all delivered to the saints isn't so once for all anymore. The longer I live, the less sinful mankind thinks it is.
It is a sad day in America, but I'm not worried about it. God is working His purpose out. I'll keep holding on to that anchor.
Posted By: David Roberts | August 4, 2010 8:57 PM
The majority of the Christian reaction to this absolutely excites and astounds me. I'm so happy that we're beginning to preach and appreciate love AS WE SHOULD.
Further, for those dissenting opinions, it's important to realize that you cannot legislate morality . . . otherwise Jesus wouldn't have had to come in the first place. Not everyone in this country holds the same belief and it's wrong to exclude them from the basic human rights that this country was founded on because of that. Keeping people from marrying doesn't bring them closer to God. Showing people His love and grace is what draws people in.
I thank God for this ruling and even more for the loving reactions found on this blog!
Posted By: Eli | August 4, 2010 11:12 PM
Big deal. Sticking a reproductive organ into an excretory canal will never constitute grounds for biblical marriage. Also, it's not over, yet. This will be appealed to the SC where it will be a 5 to 4 decision against homosexual marriage. If not, there is no logical reason to prevent plural marriage or any other arrangement. This federal judge must be a crackhead.
Posted By: Dan | August 5, 2010 1:02 AM
Seems to me that these comments are being infiltrated...
There is a way that seems right to a man,
But its end is the way of death.
--Proverbs 14:12
Posted By: Pam | August 5, 2010 6:27 AM
The first objection to the judge's ruling is that it further promotes an immoral lifestyle. Secondly,the ruling has societal implications for all to consider. Using the reasoning by the judge places the nation on a path to acceptance of polygamy on constitutional grounds. A portion of the homosexual community is comprised of bisexuals. Using the 14th Amendment, bisexuals could claim a violaton of their civil rights if they are not allowed to marry a male and a female at the same time. One should consider the ramificatons of such a scenario. Imagine the complexity of property rights disputes, divorce settlements and child custody matters if the judge's reasoning is allowed to stand and polygamy becomes a constitutional right. Finally, this decision identifies a very real, powerful spiritual war at hand. According to God's leading in my life, His intent for marriage is it is to be a picture in the flesh of the spiritual relationahip one has with Christ, a righteous Individual who never compromises His standards of righteousness. Homosexual marriage, and potentially polygamy, destroys that purpose. The weapons of warfare (truth, righteousness, the gospel of peace, knowledge, faith, and the Word of God) must be exercised by disciples of Christ to wage war regarding this ruling about homosexual marriage.
Posted By: Tim G. | August 5, 2010 9:56 AM
"Walker later observed: "A private moral view that same-sex couples are inferior to opposite-sex couples is not a proper basis for legislation." And concluded: "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."
And from an AP story: "Chief U.S. District Judge Vaughn Walker overturned the voter-approved ban known as Proposition 8 Wednesday, declaring that limiting marriage to a man and a woman serves no legitimate purpose and is an "artifact" rooted in "unfounded stereotypes and prejudices." (http://www.foxnews.com/politics/2010/08/05/appeal-ruling-delay-gay-weddings-california/)
This "openly gay" judge has simply substituted his own moral judgment for what has always been the law. What a jerk. This is why gay judges should not be appointed to the bench.
Posted By: Dan | August 5, 2010 10:26 AM
This is what comes of using the word for a religious rite in secular law.
Marriage should be defined by one's God and one's faith, not by legislators, judges, or a majority of "the people" of a given state or country. At the same time, legal and civil rights, including those pertaining to who can and cannot legally enter into a civil partnership or union and thus gain both the rights and responsibilities afforded those who so unite, should be defined by the individuals that we, the people elect and appoint, and not by any one set of religious beliefs.
Marriage isn't a state issue, and domestic union isn't a religious issue. The sooner we remove the word "marriage" from all local, state, and federal law--perhaps replacing it with "civil union," or "domestic partnership"--the safer the religious rite of marriage and all it entails will be.
Posted By: repsac3 | August 5, 2010 11:17 AM
Religious rules and rituals are irrelevant to American law. Our system of jurisprudence regards religion as legally meaningless, which is entirely right and proper. Thus any "But the Bible says (insert favorite prejudice here)" is utterly irrelevant to the rights of American citizens.
The fact is, equal protection means equal protection. Heterosexual Americans are not deserving of more rights than gay Americans. It is high time our courts showed the backbone to respect the constitutional rights of minorities, as the Constitition requires the courts to do.
Posted By: kathleen | August 5, 2010 1:27 PM
As a believer, I'm am so very happy about this ruling. Love is love and it should not have to be "less than".
Posted By: Angie | August 5, 2010 3:55 PM
@GP: "What a jerk" is an uncalled for personal attack..." Sorry, GP. What I meant to say was, "What an annoyingly foolish person." - but I missed.
@K:"The fact is, equal protection means equal protection. Heterosexual Americans are not deserving of more rights than gay Americans. It is high time our courts showed the backbone to respect the constitutional rights of minorities, as the Constitition requires the courts to do." Sorry to burst your balloon, but this alleged right hasn't been determined yet in the discussion at hand - except in the mind of an openly gay judge(who is obviously biased). By the way, homosexuals do have the same constitutional rights as heterosexuals and you may exercise them. You may marry any man who is willing. Now if your are bound and determined to marry someone of the same gender, may I recommend Massachusetts. They will accomodate you there.
Posted By: Dan | August 5, 2010 6:32 PM
American Law may approve same sex marriage.
But God's truth regards homosexual relationships as a perversion, unnatural and will bring harmful consequences, including divine judgment.(Romans 1: 26-27, 1 Cor 6:9-11)
Posted By: james | August 5, 2010 8:06 PM
The verses you threaten others with, James, aren't about "homosexuality," a rather pejorative, obsolete social concept. They are, as the context makes fairly clear, about idolatry. Even the names of the letters suggests that. Romans and Corinthians, Rome and Corinth, two centers of pagan religions. That is uncontroversial elsewhere.
There is no such thing as "unnatural," really. If it's "unnatural," it's simply impossible. A same sex orientation is not a perversion. It's merely a given. Why would you care is someone is Gay?
How come the Bible seems to only exist to threaten "other" people with eternal damnation? To exist mainly to comfort the comfortable, to puff them up as superior to "those people?" To silence everyone else? Why should I respect a book like that?
Fortunately, that's not my Bible.
Posted By: Gregory Peterson | August 5, 2010 9:00 PM
We know that the Lord would not have us be ignorant so there is no excuse for denying Truth; the friends of our enemy are our enemies...and they need prayer...perhaps more so...nevertheless, our God reigns...can I get an "AMEN" right now?
Posted By: Jerry | August 5, 2010 10:22 PM
"The verses you threaten others with, James, aren't about "homosexuality," As usual, you have no evidence to back this up. Just pure specualtion. "They are, as the context makes fairly clear, about idolatry..." What, you can't be an idolater and a homosexual at the same time? Btw, we see periodically the so-called gay parades on the telly. Looks pretty paganistic to me. "There is no such thing as "unnatural..." Huh! I wonder where we got the word, then? "A same sex orientation is not a perversion. It's merely a given." It is a given that it is a perversion, that is. "How come the Bible seems to only exist to threaten "other" people with eternal damnation?" (B/c maybe they know they are eternally damned.) "Why should I respect a book like that?" Why do you ask?
Posted By: Dan | August 5, 2010 11:45 PM
Eating ice-cream on a hot day is "going against nature".
The computer you're looking at, the clothes you're wearing, this blog... all unnatural.
Posted By: mano | August 6, 2010 4:35 AM
The legal system, the media, Wall Street, Hollywood, US warmaking foreign policy and the pro-abortion and pro-gay movements, are all over-Edomed. A nation of people, the Edomites, utterly condemned by the major writing prophets, ‘became Jews’ just over a century before the birth of Christ. According to Flavius Josephus, the Jewish historian who lived just after the time of Christ, 'They (Edom) were hereafter no other than Jews' (Josephus Antiquities of the Jews, XIII ix 1; XV vii 9). Yahweh the God of Israel, ‘hated Esau (Edom)’, a people ‘against whom he has indignation forever’ (Malachi 1:2-4). Ezekiel refers to Idumea (Edom, also referred to as Mount Seir) as taking possession of the land and heritage of Israel and Judah (Ezekiel 35:10, 11, 15; 36:2, 5). The Herodian dynasty at the time of Christ were Edomites, testifying to the takeover and the word 'Jew' had almost become synonymous with these evil people. Jesus said to the Jews ‘Because you are not sheep of my flock you do not believe’ (John 10:24-27).
The aim of the Jewish ADL is to establish the federal government as the pro-homosexual educator and punisher of Christian opponents of Edomite-promoted sodomy at every level, even of public schooling. They seek federal endorsement of adolescent homosexuality as a legitimate, normal alternative and to flood government-sponsored educational programs into public schools to promote homosexuality. Indeed, the ADL will gain more ground in their attempt to sodomize America..
Posted By: Dave Ambleton | August 6, 2010 8:07 AM
"New campaign demanding 'gay' Prop 8 judge be booted"
'It's just a gross breach of his judicial responsibilities … activism on steroids'
http://www.wnd.com/index.php?fa=PAGE.view&pageId=188225
Yeah! Boot the bum! - Sorry GP - I meant to say, "Unceremoniously dismiss this incompetent person from his judicial position."
Posted By: Dan | August 6, 2010 10:27 AM
"Eating ice-cream on a hot day is "going against nature"." ;-D And so a triple-scoop of cookie dough ice cream is called a "Ménage à ..."? Okay...I know this is way out of order and I am truly sorry - but I just couldn't help myself. And anyway, it's mano's fault with his crack about eating ice cream is an unnatural act and stuff. (thanks, mano, for getting me in trouble with CT - and my mom.)
Posted By: Dan | August 6, 2010 10:54 AM
Job 12:24 "He deprives the leaders of the earth of their reason; he sends them wandering through a trackless waste."
Posted By: Janice Brown | August 6, 2010 11:59 AM
The only perversion is the terrible irresponsible false teaching regarding the biblical passage that tradition CLAIMS in ERROR have anything whatsoever to do with the natural God given sexual orientation of being gay/bi or straight. These false teachings based on total mistranslations and what they actually meant in the culture in which written is the abomination, not being as God created maybe 10% of humans just like in all the animal world to have a natural homosexual sexual orientation.
Unless one is naturally bi it is impossible to change natural orientation by false guilt based on false biblical traditions., Many so called "changed" Christians that really didn't change also makes that clear.
The sillyness of calling it a lifestyle - there is no more a homosexual lifestyle than there is a heterorsexual lifestyle. It is not chosen it is how some are born with various sexual orientation.
BTW I am extremely straight hardly like to hug a man. But I have seen how the lies of Christian lies of traditions have hurt so many even gay youth suicides out of false guilt for being just as God created them to be.
Posted By: davephx | August 7, 2010 8:14 PM
David,
You seem to want to believe that you know an awful lot about this issue, when you do not even deal with it. How is that? As someone who has carried this cross and come to understand the love that Christ has for all people I feel your judgements against the church are completely unfounded. The hurt and suicide does not come from Christian lies it comes from those who want to convince us that there are no consequences to our actions. Gnostic belief is alive and well and successful bringing us all to its knees to destroy our lives.
Posted By: dennis | August 8, 2010 10:35 AM
This world is not my home.... My head is just spinning with all of this. I don't hate people, but I do hate everything that's going on. All the back and forth bickering... nobody will win. In the end, all that is evil in this world will be destroyed, including the biases in all our hearts. I just can't wait for that day.
Posted By: kay | August 21, 2010 10:08 PM
"What business is it of mine to judge those outside the church?..God will judge those outside."
To the church:
"Everything is permissible for me but not everything is beneficial.. The body is not meant for sexual immorality, but for the Lord...he who sins sexually sins against his own body"
"Do not offer the parts of your body to sin, as instruments of wickedness, but rather offer yourselves to God, as those who have been brought from death to life and offer the parts of your body as instruments of righteousness...When you were slaves to sin, you were free from the control of righteousness. What benefit did you reap at that time from the things you are now ashamed of? Those things result in death!"
Please, church, remember that sexual sin is much more far reaching than homosexuality! Sexual acts are not righteous just because the parts fit!! Sex between two consenting adults outside of marriage is just as much a sexual sin as homosexuality! Why are we not waging a battle against that? Because it would mean we have to recognize the sin in our own lives? The law of GOD does not make us righteous, rather through the law we become CONCSIOUS of sin. How are we going to make people righteous through human law??
One more thing... this argument about homosexuality being a lifestyle choice versus how we were born... Odd argument. We are born into a sinful world with a sinful nature. Some of us are born and are naturally easily angered. That is part of our sinful nature. Should that man give into that rage and act upon it without restraint? He was born that way, so that must be how God wants him to be? We all are born with a sinful nature, but that is not how God desires us to live.. as slaves to our sinful nature. That we are told leads to death. He wants all of us to die to our sin, WHATEVER that may be: Greed, pride, malice, etc. and live for righteousness through the strength and power of the Holy Spirit. He has given us grace through the sacrifice Jesus made and forgiven our sin, but we should not LIVE there. Life only is obtained after we die to our sinful natures, and offer our bodies as slaves to righteousness. This is a struggle, it is a fight. But we have help! The benefit you reap leads to holiness, and the result is eternal life!
Posted By: kay | August 21, 2010 11:56 PM