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We celebrate and rejoice that the US District Judge Vaughn Walker in San Francisco ruled the Nov 2008 ballot initiative Proposition 8 UNCONSTITUTIONAL!!!!  Proposition 8 sought to ban marriage for same-sex couples.  Read our pastor’s thoughts on the ruling by clicking here.

M. Katherine B. Darmer explains why Judge Walker determined that the “Will of the People” in voting for Proposition 8 (by a very narrow margin) is irrelevant under the Federal Constitution.

“Despite pundits’ repeated laments that Judge Vaughn Walker wrongly `ignored the will of the voters,’ his decision makes clear why voter preference is wholly irrelevant under the 14th Amendment. The federal case considered a question beyond that presented in the state constitution – whether Proposition 8 violated the federal constitution. In the state case, the `will of the voters’ was arguably relevant, because the peculiar nature of California’s voter initiative system allows voters to amend the constitution – even to go so far as to amend the state’s guarantee of equal protection, which voters did by passing Proposition 8. Under the terms of the state constitution after Proposition 8, gay and lesbian couples enjoy equal protection with the exception of marriage. But there are no `exceptions’ to equal protection as a matter of federal constitutional law. Voters might attempt to vote away the rights of African-Americans or other minority groups, but the federal constitution fortunately acts as a brake on such efforts. Under the plain terms of the 14th Amendment, “no State” shall `deny any person within its jurisdiction the equal protection of the laws.’ Moreover, marriage is a fundamental right, and it is well-established by Supreme Court precedent that such rights `depend on the outcome of no election.’”

Visit http://www.youtube.com/watch?v=EJwSprkiInE&feature=email for a news interview further explaining the judicial decision.

In support of marriage equality and this courageous, many attended the “Fairness for ALL Families” rally in Sasscer Park, across the street from the Federal Building and Courthouse in Santa Ana.  Organizers have a website:  http://ocequality.ning.com/events/decision-day-orange-county

Judge Vaughn Walker returned from vacation on Monday July 19. Final arguments in the trial were heard in mid-June after a hiatus of 4 1/2 months following 12 days of testimony. The jurist used that time to review the testimony and to prepare specific questions to be answered by both sides.

Two gay couples filed suit to overturn Proposition 8 and to immediately declare that same-sex marriages be allowed to legally continue in California. Some 18,000 marriages took place in 2008 after the State Supreme Court ruled them to be legal. Prop 8’s passing made them illegal.

The trial before Judge Walker garnered national attention when former US Solicitor General Ted Olson and trial attorney David Boies represented the plaintiffs. The two lawyers were on opposite sides of the 2000 Bush v Gore trial over the Florida recount.

Project Marriage, the organization that proffered Prop 8, is defending it in this case.

Observers believe that whichever way the judge rules the case is most likely destined to be decided by the U.S. Supreme Court.

In Orange County, it was announced that groups that support marriage equality will be ready with a “Fairness for ALL Families” rally, scheduled for 7 p.m. on the day that Judge Walker announces his decision. A press release said the rally will be held in Sasscer Park, across the street from the Federal Building and Courthouse in Santa Ana.

“The trial’s outcome may change the tone of the event, but it will not change its urgency,” said Linda May, a member of Orange County Equality Coalition and organizer of the event.  “The right to marriage is an important issue for our families and people hoping to start their own families.”