News


Judge overturns gay marriage ban

Judge rules that state ban on same-sex marriage is unconstitutional

A federal judge in San Francisco today overturned Proposition 8, California's ban on same-sex marriage. A rally and march organized by gay marriage rights supporters in downtown Mountain View is set for 6 p.m. tonight.

U.S. District Judge Vaughn Walker said the voter-approved initiative violated the U.S. Constitution's guarantee of equal protection.

Supporters of Proposition 8 have already announced in a filing late Tuesday that they will appeal to the 9th U.S. Circuit Court of Appeals in San Francisco.

Walker ruled in a lawsuit filed last year by two same-sex couples. The case, which the judge decided without a jury, was the nation's first federal trial on a challenge under the U.S. Constitution to a state ban on gay marriage.

Tonight, starting at 6 p.m., a rally and march is being organized by the Santa Clara County chapter of Marriage Equality USA, said spokesman Ray Hixson.

The rally is set to meet at the downtown Caltrain station, and then march to City Hall, where there will be speeches from city officials and representatives from local politicians' offices, Hixson said.

"We're expecting a peaceful and positive rally," said Hixson. "We want to be the change we want to see. We stand for equality and peace and love."

Bay City News Service contributed to this report.

Comments

 +   Like this comment
Posted by Thom
a resident of Jackson Park
on Aug 4, 2010 at 4:11 pm

Vaughn Walker

Another Judge over ruling the voice of the people. Mr. Walker should practice "would you like fires with that order?" Because he should not be on the bench.


 +   Like this comment
Posted by eddie
a resident of St. Francis Acres
on Aug 4, 2010 at 4:15 pm

Your right. The people have no voice. And we've got politicians that just want to raise taxes. I'd like to marry my dog.


 +   Like this comment
Posted by Elle
a resident of Gemello
on Aug 4, 2010 at 4:39 pm

The gay lifestyle is here to stay and growing. Churches of every faith need to recognize our power and unite us in marriage when we request it. Otherwise there need to be lawsuits challenging such discrimination. Next stop is to change the school curriculum to embrace gay values. We can only prevent bigotry in the future through education.


 +   Like this comment
Posted by sean
a resident of Sylvan Park
on Aug 4, 2010 at 4:42 pm

This prop all ready had its day, whats funny is I thought that after it was said and done it would really be DONE and gays would let it go, boy was I wrong. Marriage is between a man and a women end of story.


 +   Like this comment
Posted by Old Ben
a resident of Shoreline West
on Aug 4, 2010 at 4:48 pm

With a divorce rate going on 4 out of 5 marriages in this country, I should think that the churches and this whole mouthy "sanctity of marriage" crowd have more important issues to address than whether or not homosexuals are entitled to marry. Clean up your own house first.


 +   Like this comment
Posted by dada
a resident of Blossom Valley
on Aug 4, 2010 at 4:51 pm

[Post removed due to disrespectful comment or offensive language]


 +   Like this comment
Posted by Elle
a resident of Gemello
on Aug 4, 2010 at 4:59 pm

But you're wrong dada. We already are strongly represented in the high schools in Mountain View through the Gay, Lesbian, Bisexual, Transgender, or Just Curious student groups. The Community Health and Awareness Council (CHAC) is also very pro-gay, CHAC is in every school. So it seems you have been the one living in the closet. We are here to stay.


 +   Like this comment
Posted by Clark
a resident of Waverly Park
on Aug 4, 2010 at 5:01 pm

[Post removed due to disrespectful comment or offensive language]


 +   Like this comment
Posted by Observer
a resident of Old Mountain View
on Aug 4, 2010 at 5:05 pm

Big surprise of a ruling coming from a gay judge. Like he was actually being objective. What a joke.


 +   Like this comment
Posted by dada
a resident of Blossom Valley
on Aug 4, 2010 at 5:06 pm

Elle, you made me spit out my soda. You think a couple student groups with 10-30 students is strongly represented? Just because CHAC is pro-gay really does not mean anything, im pretty sure they do not represent that pro-gay side at schools. < actually I know that 100% for sure.


 +   Like this comment
Posted by tolerance
a resident of Old Mountain View
on Aug 4, 2010 at 5:42 pm

It really surprises me the animosity that I hear in these comments. I would simply like to advise people to consider this....live and let live... Gay and lesbian couples are only trying to have the same rights as anyone else......remember when interracial marriage was against the law??


 +   Like this comment
Posted by pigfaceboy
a resident of Gemello
on Aug 4, 2010 at 6:26 pm

They will now proceed to force feed this behavior to ur children in the Cali public school sysem. There is no absolute proof this is "born that way". Its a learned behavior which will be indoctrinated in the school age children now. Thanks Judge for spitting in the face of the parents who voted on election day.


 +   Like this comment
Posted by letsgetreal
a resident of Cuesta Park
on Aug 4, 2010 at 7:09 pm

pigfaceboy, (perfect name) - We are all people, we don't all need a label, we just want to live in peace, and have the same rights as pig faceboy, girl, whomever. If you lived in Texas, you'd have many admirers, and people who think just like you. But you don't. So, deal with it. pigfaceboy.


 +   Like this comment
Posted by Aaron
a resident of Sylvan Park
on Aug 4, 2010 at 8:30 pm

So everyone in Texas is a bigot? Talk about the pot calling the kettle black.


 +   Like this comment
Posted by Marraige Counselor
a resident of Monta Loma
on Aug 4, 2010 at 8:35 pm

The above quoted 4 in 5 divorce rate is bogus. The truth is that it is 2 in 5. Couples without children are the highest subgroup (good luck gays). Many of the 2 in 5 succeed in the second marriage. Enough myth.


 +   Like this comment
Posted by Paul_C
a resident of Shoreline West
on Aug 4, 2010 at 9:26 pm

Paul_C is a registered user.

"That the majority of California voters supported Proposition 8 is irrelevant," wrote Walker, "as fundamental rights may not be submitted to [a] vote; they depend on the outcome of no elections," citing the Supreme Court's 1943 decision in West Virginia State Board of Education v. Barnette, the famous World War II flag salute case.

Democracy is not mob-rule, no matter how much the bigots wish it was.

You don't like the U.S. Constitution? Don't let the door hit you in the ass on your way out.


 +   Like this comment
Posted by TOm
a resident of Monta Loma
on Aug 4, 2010 at 10:54 pm

If people didn't foolishly approve a constitutionally illegal law, it would not have needed reversing and you people who are complaining about you votes being overturned would not be in this mess.


 +   Like this comment
Posted by Old Ben
a resident of Shoreline West
on Aug 4, 2010 at 11:35 pm

Ben Franklin once described democracy as two wolves and a sheep voting on what to have for lunch. He described liberty as a well-armed sheep contesting the vote. These heterosupremacist perverts really ought to get their own houses in order, or maybe wait until Judas Priest comes around and try calling Rob Halford a faggot, to his face. That would be the end of your face, guaranteed.


 +   Like this comment
Posted by Ned
a resident of Old Mountain View
on Aug 5, 2010 at 7:28 am

The constitution is being manipulated, just like it has been in Arizona over illegal immigration and state's rights.


 +   Like this comment
Posted by cc
a resident of another community
on Aug 5, 2010 at 8:22 am

Paul_C: Thanks.
Most of the biggots on here hate when the facts get in the way. You(we) should not be able to vote on one's rights.


 +   Like this comment
Posted by eric
a resident of another community
on Aug 5, 2010 at 9:23 am

What I want to know is who's going to clean up? You know, after all the fake libertarian right-wingers heads explode over this!

Bravo, Judge Walker on a thoughtful and correct ruling


 +   Like this comment
Posted by Martin Omander
a resident of Rex Manor
on Aug 5, 2010 at 9:44 am

I just read the full text of the ruling (first link in the article). Regardless of your opinion, with the evidence that was presented I can't see any other outcome. The anti-gay marriage side called six witnesses, of which only two appeared. These two witnesses mostly cited material they had "read on the internet". Of the six witnesses, two or three agreed with the other side. The pro gay marriage side on the other hand brought 14 expert witnesses, all of whom had done peer-reviewed research in this field.

You can argue this was sloppy lawyer work from the anti-gay marriage side or that it shows you can't prove that gay marriage is bad for the institution of marriage. But let's not bash the judge for ruling the way he did with this lopsided evidence.

Thanks, MV Voice, for linking to the complete text of the ruling!


 +   Like this comment
Posted by anonymous
a resident of St. Francis Acres
on Aug 5, 2010 at 10:00 am

To every bigot out there, ask yourself this: Did you CHOOSE to be attracted to the opposite sex?
the answer is no. i am a straight male who supports gay/bi rights because i would want rights if i were gay/bi. you do not choose who you like. Being straight is not taught to you, it is simply IDENTIFIED as the majority of sexual orientation.
Do you think anyone would choose to be discriminated against? to be the subject of prejudice.
However, none of these facts really matter. To every right-wing hardcore republican who thinks they should butt into someone else's business, i say screw off.. just go away. mind your own businiess. live and let live.


 +   Like this comment
Posted by anonymous
a resident of St. Francis Acres
on Aug 5, 2010 at 10:00 am

To every bigot out there, ask yourself this: Did you CHOOSE to be attracted to the opposite sex?
the answer is no. i am a straight male who supports gay/bi rights because i would want rights if i were gay/bi. you do not choose who you like. Being straight is not taught to you, it is simply IDENTIFIED as the majority of sexual orientation.
Do you think anyone would choose to be discriminated against? to be the subject of prejudice.
However, none of these facts really matter. To every right-wing hardcore republican who thinks they should butt into someone else's business, i say screw off.. just go away. mind your own businiess. live and let live.


 +   Like this comment
Posted by Alan
a resident of Gemello
on Aug 5, 2010 at 10:54 am

"Being straight is not taught to you, it is simply IDENTIFIED as the majority of sexual orientation." Pretty funny logic. Actually, being straight guarantees survival of the species. You just can't argue with basic biology. I guess I'm just a heterosupremacist pervert, even though I am a democrat.


 +   Like this comment
Posted by chw
a resident of Whisman Station
on Aug 5, 2010 at 12:25 pm

While I do not feel strongly about the subject either way, I do agree with the Judge's ruling that Prop 8 targets a specific minority population and is therefore in my words 'tyranny of the majority.' To me, it is as if there is a proposition that outlaws marriages for left-handed people. Afterall, being lefted-handed is once called sinister. BTW, I am neither gay nor left-handed.


 +   Like this comment
Posted by Sickened and Ashamed of all of you
a resident of Old Mountain View
on Aug 5, 2010 at 3:20 pm

I am sickened and disgusted with this judges ruling, there is NOTHING right about gay marriage and those of you who are straight and approve of this ruling are obviously nothing but extreme left wing liberal followers who seem to always get up into everyone elses business and decide that we should do what they want us to do and agree with them regardless of what we think or want.

We had a vote on a ballot to make it fair for everyone, and it was voted on by the "PEOPLE", and when it was all said and done gays and gay supporters didn't like the outcome... TOO BAD!!! Why did we even have a proposition on the ballot if you didn't want to accept the outcome? Force the people if they don't agree right? Well "We the People" voted on what "WE" wanted and "WE" didn't want gay marriage! So then you all cried about it... Like MANY Americans I didn't want Obama as president, can I have a judge over rule that vote and call it "unconstitutional", NO! But as we all now know, they with the loudest cry about rights being stepped on and political correctness, obviously gets heard...

So what, gays couldn't marry legally, they've been doing it for years, why do they all of the sudden need it to be legal? Because they want to be reccognized and make people accept them being gay... Well I DON'T and I NEVER will!!! You can't make us accept you or your life style and forcing it down our throats isn't going to make what your doing "RIGHT" or make yourselves feel better about it in the end, it's just putting off the inevitable, just like with Obamas presidency, this too will have it's end.

Of course I realize I am the only one saying what most of the readers are thinking but affraid to say, it's obvious to me that the majority of writers here are Pro gay marriage and most probably left wing democrats. Unfortunately, most republicans usually only do the reading and rarely get envolved in the fight like left wing liberals (democrats)do. I must say though that the day is coming for the tidal wave of people like myself who have had enough of this bullying liberal overtaking of our society and will take back what's rightfully "The Peoples" and not that of blind sided socialists like those of you who think that marriage is NOT of a MAN & a WOMAN, but that of two people? I realize that with modern science that we can create life in a test tube and therefore don't need to do it the "old fashioned" (right) way, I won't get into the disgusting details of 2 people doing it the WRONG way, but I'm confident that you all get the picture. Life would have never existed without true marriage done the right way creating natural life, and as soon as we start getting in the way, natural life will take a severe turn to unnatural life created in a petri dish, with everything that's truely real totally removed and sterile, this is not the world I want and I'm sure I'm not the only one who thinks so.

None of you have any foresight with the laws and decisions that your making for "our" future, with every "accepting" thing you allow, your changing all of "our" futures into something that "none" of us are going to want, and by then it's going to be too late... Use your votes for the good of EVERYONE, not just your own selfishness.

I'm sure that this comment will be removed because most of you don't like it when someone opposes your wants, but all that tells me is that I'm right. Silence those who don't agree with you right? Right...


 +   Like this comment
Posted by kyle
a resident of another community
on Aug 5, 2010 at 4:36 pm

wow, that was amazing Sickened and Ashamed. Im a 29 year old father of 1 with a beautiful wife and I couldnt agree with you more (minus all the right/left wing liberal stuff) < its probably all spot on but I have never understood it.

The gays just want to believe we do not support there decision because we do not like them. Its way more to me, I want my daughter to grow up in a society that is traditional in as many ways as possible. The gays can do whatever the ___ they want but why is it so important to be recognized? I hope in the long run this is a small victory for them.

Why did everyone vote when the decision is just dismissed?


 +   Like this comment
Posted by Alex M.
a resident of Willowgate
on Aug 5, 2010 at 5:20 pm

To those fulminating against this ruling: I have never seen so many profoundly ignorant comments in response to a news article.

You call yourselves Americans? You unpatriotic, ignorant idiots, why don't you learn something about the American way of governing?

By design, we don't live in a society where the majority can discriminate against a minority by popular vote. Rather, we live in a constitutional republic and representative democracy. Our government is designed as a system of checks and balances, in part to AVOID "mob rule" (the "voice of the people").

In this case, the judge correctly applied the rule of law based on precedent and accepted legal interpretation of our nation's supreme document, the Constitution. Take the trouble to READ and understand the decision, and get over it. If you're too lazy to do that, then keep your ignorance to yourselves. "It is better to remain silent and be thought a fool, than to open your mouth and remove all doubt." -- George Eliot


 +   Like this comment
Posted by Anon.
a resident of Whisman Station
on Aug 5, 2010 at 8:44 pm

In my opinion, it's a complete stereotype to think that every gay registered voter in CA voted no on Prop 8.


 +   Like this comment
Posted by Americas foundation
a resident of Old Mountain View
on Aug 5, 2010 at 10:37 pm

Thank you Alex M for all your amazing insight and waxing eloquently with all your big words, no doubt you went to college or at least believe yourself to be someone of importance. The issue really has nothing to do with whether or not we live in a "constitutional republic and representative democracy", but that when some people (gays and gay supporters) don't like the outcome of a nation wide vote, obviously thought to be constitutional because it was placed on the ballot which is an "American way of governing" if I'm not mistaken? It seems in this instance that our governments "checks and balances" didn't AVOID the "mob rule" which in this case were gays and gay supporters who were expecting a victory on prop 8...sorry they lost! That doesn't stop them from marrying does it? all it really does is keep them from being recognized which is something they seem to need...equal rights just because they're gay? No ones taking away their rights as Americans, "We the People" are just saying that it's unexceptable for them to be legally married because to the true America, marriage is and always will be a MAN and a WOMAN!

Where are our rights? why is it that we the mainstream Americans who are normal, God fearing, Christ loving citizens don't have any rights, but gays and lesbians, anti-Christs and the like get to have all the rights and special treatment? No more "In God We Trust", no church in state, no God in school, no crosses in public places, no merry Christmas, no happy Easter... Politically Correct my ass! This is just another way for certain individuals who were overlooked their whole lives to have their wants heard and force the rest of us to accept them, These are the "Unpatriotic" people you were eluding to to all of us Foundation Americans!...I ask you again - WHAT ABOUT OUR RIGHTS?!! What good is a vote on a ballot if it's just going to be overturned later by a bunch of extremists, a few lawyers and a judge looking for some notoriety? It's becoming more and more obvious that our voting system is nothing but a sham to make us think our voice matters.

It seems our government has turned away from the core values our Nation was founded on for these extreme, moral changing ways that these loud pushy voices are crying for, and in turn destroying the true foundation of this Nation. Soon we will be no better than the third world countries we've fought so hard to distinguish ourselves from... this way of governing is NOT the governing America was founded on...does anyone care?

Not every law is fair and likewise, just because some slick lawyer found a way to manipulate the meaning of the constitution towards gays and lesbians doesn't mean it's right. Just because "We the People" voted against gay marriage doesn't mean we took away their civil rights, if they want to be married to their gay partner then do it the way thay have for years, in a ceremony without the recognition of the church or courts, why do they need anything more? and if they want to do it the right way then find someone of the opposite sex and do it before God and country the right and legally recognized way? Stop trying to bend the arm of the people who don't want their rights trampled on by people who wish to force their unatural way of life on the rest of us.

"Ignorance is the man who changes his values to "go with the flow" regardless of the detriment it causes himself and the whole of society"...


 +   Like this comment
Posted by Old Ben
a resident of Shoreline West
on Aug 5, 2010 at 11:29 pm

How does allowing homosexuals to marry infringe on your rights? Be specific.


 +   Like this comment
Posted by Americas foundation
a resident of Old Mountain View
on Aug 6, 2010 at 12:03 am

You obviously misunderstand, I didn't say that homosexuals infringe on my rights, I'm saying that every time someone or some group decides that they don't like society the way it is, they whine about their rights being infringed on... "I don't believe in God so I don't want anyone talking about Him around me" or "I want In God We Trust taken off my money" and now "I can't marry my gay partner legally so I'm going to get a lawyer and call it civil rights infringement"... therefor I ask you, what about my right to keep marriage between a MAN and a WOMAN, without the threat of civil rights infringements being trampled on?!! It's just a rediculous ploy by extremists to force us to accept their ways and bend to yet another rediculous politically correct movement!


 +   Like this comment
Posted by Rogelio
a resident of Gemello
on Aug 6, 2010 at 6:07 am

I can see what's coming next. Men's Room, Women's Room, Gay and Lesbian's Room


 +   Like this comment
Posted by Alex M.
a resident of Willowgate
on Aug 6, 2010 at 11:24 am

Americas foundation: Thank you for so clearly demonstrating the point I made, although I believe you'll fail to understand why this is so.

You voted to prevent gays and lesbians from exercising a right that you currently enjoy. You also don't seem to know what "mob rule" means in this context; it means majority rule.

Yes, our nation HAS turned away from its core values our nation was founded upon. One of those core values is that we are a republic, not a majority-rule democracy. Another core value is the separation of church and state. Another core value is where majority rule is tempered by minority rights protected by law. Those values are being eroded by people who argue with words like "god fearing" and "Christ loving" -- words that have absolutely no secular purpose, and therefore have no basis in the foundations of our government.

The commenters above have amply demonstrated that they haven't bothered to read the judge's decision and understand the underlying arguments and rationales presented. Clearly they can't speak intelligently about that decision. Ignorance is no excuse.


 +   Like this comment
Posted by Old Ben
a resident of Shoreline West
on Aug 6, 2010 at 9:12 pm

"Christianity neither is, nor ever was a part of the common law."

-Thomas Jefferson, letter to Dr. Thomas Cooper, February 10, 1814


 +   Like this comment
Posted by resident
a resident of Old Mountain View
on Aug 6, 2010 at 10:58 pm

"We have no right to prejudice another in his civil enjoyments because he is of another church." ~ Thomas Jefferson

Marriage is a civil contract first; any sacred component is optional and added on to the civil contract after the fact.


 +   Like this comment
Posted by Clyde
a resident of Cuesta Park
on Aug 7, 2010 at 6:55 am

What's the point of quoting Thomas Jefferson at random? He was also a slave owner and a rapist.


 +   Like this comment
Posted by Old Ben
a resident of Shoreline West
on Aug 7, 2010 at 3:28 pm

Cite your sources, Clyde. Then pack a bag if you don't like Thomas Jefferson. Get out while you can.


 +   Like this comment
Posted by eric
a resident of another community
on Aug 7, 2010 at 9:32 pm

Alex M-- excellent post!


 +   Like this comment
Posted by Clyde
a resident of Cuesta Park
on Aug 7, 2010 at 10:35 pm

Old Ben:

Thomas Jefferson supported a law to castrate homosexuals. He was also a slave owner who could somehow never bring himself to the idea of freeing slaves. Jefferson also fathered children with a slave. Technically that's rape. I find it odd funny you quote Jefferson in the context of all this, since he would have been a supporter of Prop. 8. Be careful of the heroes you chose.
Web Link
Web Link
Web Link


 +   Like this comment
Posted by Old Ben
a resident of Shoreline West
on Aug 8, 2010 at 12:41 am

Ah, well, you religious tyrants have been twisting the words and deeds of Christ for 2000 years, I don't imagine twisting Thomas Jefferson's life around presents all that much of a challenge. If you care so much about the sanctity of marriage, why don't you work on making it harder to divorce?


 +   Like this comment
Posted by Clyde
a resident of Cuesta Park
on Aug 8, 2010 at 7:42 am

Actually, it has been mostly liberal historian types with an agenda that have exposed much of Jefferson's hyposcrisy while downplaying the role of Judeo-Christian values and philosophies in the framing of common laws and documents such as the Constitution etc. much like liberal judges that tend to interpret the Constitution.


 +   Like this comment
Posted by Old Ben
a resident of Shoreline West
on Aug 8, 2010 at 3:45 pm

Here's a really good essay on marriage and the role of the state:

Web Link

Think about it. Stop if it hurts.


 +   Like this comment
Posted by beatrix
a resident of Old Mountain View
on Aug 9, 2010 at 4:42 am

Here's a thought: if you don't like gay marriage, don't get one? Why complain about something that has absolutely nothing to do with you in the first place?


 +   Like this comment
Posted by Pothead
a resident of Gemello
on Aug 9, 2010 at 6:41 am

I guess everyone is afraid that if gay marriage is okay, and being gay is okay, then we all might start acting upon our gay impulses (we all have them), and life will become one big orgy! Yippie!


 +   Like this comment
Posted by Russ
a resident of Castro City
on Aug 12, 2010 at 7:28 am

[Comment removed due to personal attack.]


 +   Like this comment
Posted by Alex M
a resident of Willowgate
on Aug 12, 2010 at 9:55 am

@Russ: What, that's your only rebuttal? An ad-hominem attack? How intelligent (not).


Don't miss out on the discussion!
Sign up to be notified of new comments on this topic.

Email:


Post a comment

Posting an item on Town Square is simple and requires no registration. Just complete this form and hit "submit" and your topic will appear online. Please be respectful and truthful in your postings so Town Square will continue to be a thoughtful gathering place for sharing community information and opinion. All postings are subject to our TERMS OF USE, and may be deleted if deemed inappropriate by our staff.

We prefer that you use your real name, but you may use any "member" name you wish.

Name: *

Select your neighborhood or school community: * Not sure?

Comment: *

Verification code: *
Enter the verification code exactly as shown, using capital and lowercase letters, in the multi-colored box.

*Required Fields

Local picks on 2015 Michelin Bib Gourmand list
By Elena Kadvany | 5 comments | 3,193 views

Ode to Brussels Sprout
By Laura Stec | 20 comments | 2,474 views

Go Giants! Next Stop: World Series!
By Chandrama Anderson | 1 comment | 1,857 views