A Feb. 7 ruling by the U.S. Ninth Circuit Court of Appeals upheld a lower court ruling that found Prop. 8, California's ban on same-sex marriage, violates the Fourteenth Amendment of the United States Constitution, which guarantees Americans equal protection under the law. The ban was struck down in a vote of 2-1 by the three-judge panel.
In addition, the appeals court flatly rejected the argument made by Prop. 8 supporters that openly gay Judge Vaughn Walker, who issued the initial decision finding the ban unconstitutional, should have recused himself from the case because he is in a long-term relationship.
“Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently,” the ruling’s opening paragraphs reads, stating that there is no legitimate reason for Prop. 8’s existence aside from discrimination against gay and lesbian couples. “All that Proposition 8 accomplished was to take away from same-sex couples the right to be granted marriage licenses and thus legally to use the designation of ‘marriage,’ which symbolizes state legitimization and societal recognition of their committed relationships. Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples. The Constitution simply does not allow for ‘laws of this sort.’”
Gay and lesbian couples in California, however, will likely not gain the right to marry immediately. Supporters of Prop. 8 are expected to appeal the ruling to the Supreme Court and have already issued calls for donations to fund the anticipated litigation. Brian Brown of the conservative National Organization for Marriage described the situation ending in “an all-or-nothing showdown at the Supreme Court” and warned against “same-sex marriage radicals” gaining a legal foothold.
Local LGBT advocacy organizations joined national groups in lauding the Ninth Circuit’s ruling and its potential impact on same-sex marriage nationwide.
“This is a tremendous victory in the movement for justice and equality,” said MassEquality Executive Director Kara Suffredini. “Today’s ruling affirms basic American values of freedom and free speech. The Ninth Circuit rightly found that the government cannot single out a class of Americans for unfair treatment and tell them that they cannot marry the person they love. Some rights are so fundamental to Americans—like human dignity and free speech—that it is the responsibility of judges and our justice system to protect these rights at all costs.”
“We are thrilled that California’s same-sex couples are again on track to gaining the freedom to marry,” said Mary L. Bonauto, GLAD’s Civil Rights Project Director. “We applaud the Court’s ruling that taking away marriage from same-sex couples but leaving Registered Domestic Partnership laws in place accomplishes nothing but stigmatizing committed same-sex relationships. We hope that California citizens will soon be able to marry the person they love.”
All eyes were on California Tuesday anticipating the Ninth Circuit Court of Appeals’ decision, which will likely have nationwide and lasting implications.
“Today’s powerful court ruling striking down the infamous Prop. 8 affirms basic American values and helps tear down a discriminatory barrier to marriage that benefits no one while making it harder for people to take care of their loved ones. The Ninth Circuit rightly held that a state simply may not take a group of people and shove them outside the law, least of all when it comes to something as important as the commitment and security of marriage. We salute the American Foundation for Equal Rights, which brought this challenge to Prop. 8," said Evan Wolfson, founder and President of Freedom to Marry.
“This monumental appellate decision restores California to the growing list of states and countries that have ended exclusion from marriage, and will further accelerate the surging nationwide majority for marriage. As this and other important challenges to marriage discrimination move through the courts around the country, Freedom to Marry calls on all Americans to join us in ensuring that together we make as strong a case in the court of public opinion as our legal advocates are making in the courts of law. By growing the majority for marriage, winning more states, and tackling federal discrimination—Freedom to Marry’s ‘Roadmap to Victory’—we maximize our chances of winning when one case or another finally reaches the U.S. Supreme Court.”
“This is a wonderful victory not only for same-sex couples, but for everyone who values fairness and dignity for all families,” said James Esseks, director of the ACLU Lesbian Gay Bisexual and Transgender Project. “Same-sex couples want to marry for the same reasons others do—to make a solemn commitment to their partners and to protect their families. It’s cruel for any state to bar them from marriage, and today’s decision confirms that it’s unconstitutional as well.”
“We’re thrilled that today the Ninth Circuit reaffirmed that under our constitution, all loving couples must be allowed to marry, regardless of the gender of either partner,” said Transgender Law Center Executive Director Masen Davis. “The state should not be in the business of policing who can marry based on gender. I’m optimistic that full equality for all our families is on the horizon.”
Local advocates and allies touted Massachusetts’ history and track record on same-sex marriage as an example of its beneficial effects on family and community.
“Here in Massachusetts we have celebrated our right to marry for nearly eight years,” Suffredini said. “What we have learned is that our families are safer, healthier, and happier when they are treated with dignity and fairness. We have also learned that our greater civic communities are strengthened as well. We look forward to the day that same-sex couples in California and the entire country can wed.”
Gary Buseck, GLAD’s Legal Director, added, “Starting with our victory in Massachusetts in 2003, and now in other states, we’ve seen how marriage honors enduring commitments and brings an outbreak of happiness.”
