[UPDATED With New Celebration Location:] Court Strikes Down Proposition 8; Celebration in Downtown Santa Ana Tonight!

UPDATED, FEB. 7, 4:30 P.M.:
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The Ninth Circuit Court of Appeals on Tuesday struck down California's ban on same-sex marriage.

A three-judge panel ruled 2-1 that Proposition 8, which limits marriage to one man and one woman and was approved by voters in 2008, violates equal protection rights under the U.S. Constitution.

"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 court said.

Orange County gay rights activists will celebrate the decision at the Church of the Messiah, starting at 6:30 p.m. The church is located at 614 N. Bush St. in Santa Ana.

Several organizations, including the Orange County Equality Organization and Gay Neighbors, Families and Friends of Santa Ana plan to talk about what the decision means for the future of same-sex couples.

"I'm excited, relieved and happy that our dignity has been affirmed," said Linda May, a board member for the Orange County Equality Organization.

Still, May acknowledged that gay marriage supporters face a long fight, as the federal appeals court's decision will be appealed, and Proposition 8 is likely to head to the U.S. Supreme Court.

"The reality is, it's a carrot that's been dangled in front of us," May said.

The court on Tuesday also ruled that gay marriage cannot continue until the deadline passes for sponsors of Proposition 8 to appeal the decision. Same-sex marriage would then be delayed at least until the appeal is resolved.

U.S. District Judge Vaughn Walker, who is now retired, ruled in 2010 that the ban violated federal equal protection rights for gay and lesbian couples. 

The panel's ruling upheld that decision.

In a separate ruling, the court found no evidence that Walker was biased in his decision because he is gay and was in a relationship with another man.

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59 comments
Guest
Guest

The real force behind the court's decision was Occupy Whatever

EnoughBibleThumping
EnoughBibleThumping

For the Bible Thumpers:

Luke 6: 37-3837 “Judge not, and you will not be judged; condemn not, and you will not be condemned; forgive, and you will be forgiven; 38 give, and it will be given to you. Good measure, pressed down, shaken together, running over, will be put linto your lap. For with the measure you use it will be measured back to you.”Matthew 7:1-61 “Judge not, that you be not judged. 2 For with the judgment you pronounce you will be judged, and twith the measure you use it will be measured to you. 3 Why do you see the speck that is in your brother's eye, but do not notice the log that is in your own eye? 4 Or how can you say to your brother, ‘Let me take the speck out of your eye,’ when there is the log in your own eye? 5 You hypocrite, first take the log out of your own eye, and then you will see clearly to take the speck out of your brother's eye.6 “Do not give dogs what is holy, and do not throw your pearls before pigs, lest they trample them underfoot and turn to attack you.John 8:3-113 The scribes and the Pharisees brought a woman who had been caught in adultery, and placing her in the midst 4 they said to him, “Teacher, this woman has been caught in the act of adultery. 5 Now in the Law Moses commanded us eto stone such women. So what do you say?” 6 This they said to test him, that they might have some charge to bring against him. Jesus bent down and wrote with his finger on the ground. 7 And as they continued to ask him, he stood up and said to them, “Let him who is without sin among you be the first to throw a stone at her.” 8 And once more he bent down and wrote on the ground. 9 But when they heard it, they went away one by one, beginning with the older ones, and Jesus was left alone with the woman standing before him. 10 Jesus stood up and said to her, “Woman, where are they? Has no one condemned you?” 11 She said, “No one, Lord.” And Jesus said, “Neither do I condemn you; go, and from now on sin no more.”John 8:15You judge according to the flesh; I judge no one.

Nuff said, now crawl back into the book you use like a weapon.

mitch young
mitch young

The state says I can't choose to rent my property to only white people. The state says I can't screw my dog in private. The state says I can't call pesticide treated vegetables 'organic'.

But a single judge can overturn 2000 years of Western tradition which defined marriage between a man and a woman? 

As a practical matter, this is not about 'civil rights' of homosexuals. No one in California has seriously proposed the return to anti-sodomy laws (however beneficial that might be for public health). Homosexuals can go down to the local Unitarian Universalist church and exchange vows and rings today. This is about public licensing of their pairings -- that makes it a public, not private matter. 

JEWBALL
JEWBALL

This is an atrocity, my wife is the chief of staff for Bill Campbell, the elected representitive of: THE PEOPLE, not the gay people. These Homo's have no right to marry. We are Catholics. We Know better.

Nevermind, My wife is a REGISTERED LOBBYIST, as well as a an OUTREACH DIRECTOR FOR PROP 8. allthewhile, serving as Cheif Of Staff For a County Supervisor????

Even the OCW won't touch this one. Why?

My wifes snatch is hotter than Susan Kang's. Mexican's rule over Koreans in OC.

Smokin' pussy is what this should all be about.....

JEWBALL

909Jeff
909Jeff

“It is, Sir, the people’s government, made for the people, made by the people, and answerable to the people. The people of the United States have declared that this Constitution shall be the supreme law.” Daniel Webster (1782-1852)  

I wish the outcome of the 2008 election were different but it wasnt... The people went to the polls and voted. 

I wont even get into the voting demographics and how once again African Americans votes are being ignored, by the very party that gets almost 85% of their vote.  

20ftJesus
20ftJesus

The bible also sez:

Judges 15:1 After some days, at the time of wheat harvest, Samson went to visit his wife with a young goat.

Sexy time!

BeTheChange
BeTheChange

Even if homosexuality is a "sin", as Christians it's not our job to judge people, it's God's. You are commissioned to unconditionally love and help each other, not ostracize and look down upon others because you think their love is an abomination. Stop using old testament arguments to make your point.

elserracho
elserracho

so blessed. also, check these out and follow the word of the lord. 

"Your male and female slaves are to come from the nations around you; from them you may buy slaves. You may also buy some of the temporary residents living among you and members of their clans born in your country, and they will become your property." (Leviticus 25:44-45)"Do not cut the hair at the sides of your head or clip off the edges of your beard." (Leviticus 19:27)

"But all in the seas or in the rivers that do not have fins and scales, all that move in the water or any living thing which is in the water, they are an abomination to you." (Leviticus 11:10)"They (shellfish) shall be an abomination to you; you shall not eat their flesh, but you shall regard their carcasses as an abomination." (Leviticus 11:11)"Whatever in the water does not have fins or scales; that shall be an abomination to you." (Leviticus 11:12)

JesusIsLord
JesusIsLord

Signs of the times we live in. "If a man lies with a male as he lies with a woman, both of them have committed an abomination." (Leviticus 20:13). 

"You shall not lie with a male as with a woman. It is an abomination. Nor shall you mate with any animal, to defile yourself with it. Nor shall any woman stand before an animal to mate with it. It is perversion. ‘Do not defile yourselves with any of these things; for by all these the nations are defiled, which I am casting out before you." (Leviticus 18:22-24). 

"For this reason God gave them up to vile passions. For even their women exchanged the natural use for what is against nature. Likewise also the men, leaving the natural use of the woman, burned in their lust for one another, men with men committing what is shameful, and receiving in themselves the penalty of their error which was due." (Romans 1:26-27). I pray for my brothers and sister struggling with this. May the Lord help them. 

909Jeff
909Jeff

Paragraphs are so overrated...

Dave Lieberman
Dave Lieberman

Civil marriage is a legal contract—yes, it is, go check the Cal. Family Code § 300—between two adults capable of giving their consent. It confers rights available through no other legal machination.

The denial of the ability to enter into this contract that would be permitted were one of the parties of the opposite gender is a violation of the Equal Protection clause of the Fourteenth Amendment.

Religious objections have no place here; this is contract law being amended.

Bill T.
Bill T.

Well, just because you can get a bunch or people to vote for a measure doesn't necessarily make it right. Lots of people used to think slavery was ok too.

The answer is partially implicit in the Webster quote, much of the reason for the third leg of our system is there to validate the constitutionality of legislation.

Dave Lieberman
Dave Lieberman

So, out of curiosity, do you follow Leviticus 20:25 ("You must therefore make a distinction between clean and unclean animals and between unclean and clean birds. Do not defile yourselves by any animal or bird or anything that moves along the ground—those that I have set apart as unclean for you.") and keep kosher?

What about Leviticus 18:20 ("Do not have sexual relations with your neighbor’s wife and defile yourself with her.")? Where is the constitutional amendment banning sex with your nexdoorikeh?

Romans 1 is all very well and good, but why don't you turn the page to Romans 2:1-3? ("You, therefore, have no excuse, you who pass judgment on someone else, for at whatever point you judge another, you are condemning yourself, because you who pass judgment do the same things. Now we know that God’s judgment against those who do such things is based on truth. So when you, a mere human being, pass judgment on them and yet do the same things, do you think you will escape God’s judgment?")

It seems to me that if you're going to come armed with Bible verses to prove your point, you might want to ensure you're using the ENTIRE Bible and not just the parts your pastor reads to you in church.

Eltrip
Eltrip

Even if the Bible said the last supper was held at a gay bar it wouldn't be relevant.  You might as well quote the telephone book.

Sportyspc1
Sportyspc1

Leviticus is a holiness code that was written 3,000 years ago for priests only, and its primary intent was to set the priests of Israel over and against priest of other cultures. 

Jesus and Paul both said the holiness code in Leviticus does not pertain to Christian believers. 

If you're going to quote the bible, don't forget who the quotes are aimed at.  Nowhere in the 10 commandments does it mention homosexuality.  Go read the bible again, this time pay attention.

FishWithoutBicycle
FishWithoutBicycle

 "I wear the black for those who've NEVER READ / or LISTENED to the WORDS that JESUS SAID / about the ROAD TO HAPPINESS through LOVE and CHARITY / you'd think he was talkin' straight to you and me..." - Johnny Cash "The Man In Black"

mitch young
mitch young

LOL -- but that ain't shit. The Romans didn't even have sentences -- or spaces between words.

mitch young
mitch young

BTW what other contract is limited to two people? Not LLC's , not partnerships. So why should marriage be limited to two?

mitch young
mitch young

So, I checked out the Civil Code and it doesn't support your argument, Dave.

(a) Marriage is a personal relation arising out of a civilcontract between ***a man and a woman,*** to which the consent of theparties capable of making that contract is necessary. 

===Now, I don't know if that 'hateful' "a man and a women" stuff was added by Prop 8 -- I suspect not. In any case, appealing to the California code as it stands now (still) isn't helpful to your case.

mitch young
mitch young

About five minutes -- your Mom gives one heck of a hummer.

909Jeff
909Jeff

Hey if people voted the way I did we wouldn't even be talking about it right now.

I would rather see it back on the ballot and defeated the "right way". 

Personally.. Thats just me.

mitch young
mitch young

I think the AIDS/HIV epidemic (and Hepatitis epidemic, and Syphilis epidemic, etc etc) among homosexual men shows that taking in up the pooper is really bad for you.

Nice to see the state sanctioning that activity now.

mitch young
mitch young

"you'd think he was talkin' straight to you and me...""

Yes, talking 'straight'.

Bill T.
Bill T.

Fish! OH NO!!!!! since marriage is being destroyed by this vile attack does this mean I have to divorce my sweetie whom I've been married to for 38 years?  I can't imagine what the folks mean by "defense of marriage" if it's not this.

Here's a hint for you (other) folks: extension of the same benefits to gays that I get is not going to destroy my marriage.  Get over it.

Here's another hint folks: if you believe it's a sin, don't do it. If God didn't want them to be gay why did he make them that way? I don't care what cockamamie arguments you come back with, I don't buy'em, any more than I believe you have some particular line on who's going to Hell and who isn't, I don't.

Todd Sputnik
Todd Sputnik

Really, you should check your Dad.  Just make sure that he takes out his dentures.

Bill T.
Bill T.

Hm, edit edit fail, i guess my first convoluted construction reads as i intended.   grrr.

My only defense is that i do read them over before posting to try to remove my most glaring spelling and syntax errors.

Bill T.
Bill T.

Edit fail: "... it's not apparent to me that you ->did not<- read my post ...".

Gustavo, your job's safe from me, I'm sure you were shaking in your boots.

Bill T.
Bill T.

Once again it's not apparent to me that you read my post and are responding to the point I made. To help you out, I was just talking about the process and presenting an illustrative case, not arguing the relative merits.

mitch young
mitch young

When the founders wrote the ninth amendment, sodomy was a felony in every single state/colony. 

Dave Lieberman
Dave Lieberman

Amendment the Ninth: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

Next time, take the $10 law class instead of the $5 one, okay?

909Jeff
909Jeff

shhhhh... Its because we like our guns! 

909Jeff
909Jeff

Back when the bill of rights was drafted a well regulated militia was every able body man of a state could be called upon to defend the territory from attack... If you want to get REALLY literal about it... But I suspect someone like you only likes to "loosely" interpret the parts that you care about... Like the term "Separation of Church and State", it appears in the constitution and the Bill of Rights, about.... zero times.  but is constantly attributed to the first amendment.  Rationalize that... 

And as much as Bush ran up the deficit, as a percentage of GDP he was well within the same percentage range as his predecessors... Barry on the other hand doesn't realize that when your income goes down you actually have to stop swiping the credit card!

mitch young
mitch young

I actually marched against the Iraq war. I was living in London, UK, and it was cold February day, mofo.

Todd Sputnik
Todd Sputnik

I love it when the tonsil stone colored whiners complain about interference with their "rights."  Where is Pol Pot when you need him?

Todd Sputnik
Todd Sputnik

"A well regulated militia, being necessary to the security of a free state" gee, let's ignore that sentence and focus in on just two words.  Just like your kind ignores the ten commandments everytime that you want to ratchet up the deficit and start unprovoked wars, like Iraq.  Pinche pocho.

mitch young
mitch young

" A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."

Todd Sputnik
Todd Sputnik

There is no right to bear arms in the second amendment.  Hilarious how these undereducated bacteria get their knowledge from Fox News.

mitch young
mitch young

Some people think it is a 'sin' to discriminate, indeed the whole 'Civil Rights' movement was (and is) awash in black preachers (Rev. Jesse Jackson, Rev. Al Sharpton). Does that make anti-discrimination law 'imposing religious values' on others. 

Well, actually I think it does, especially when it interferes with my rights to dispose of my property in the way I want. But very few on the pro homosexual marriage seems to mind that mixing of religion and politics.

mitch young
mitch young

The 'right to bear arms' is explicit in the 2nd amendment. There is no 'right to marry whoever you want' in the constitution.

FishWithoutBicycle
FishWithoutBicycle

I see your point, but I don't think the civil rights of a particular group of people should ever be subject to a simple majority vote. What complicates this situation is that some folks think that denying the benefits of marriage to gay couples is the "right" thing to do because their religion supposedly tells them so...which is why religious dogma has no place writing secular laws that affect the lives of EVERYONE. Forgive me, but I don't always trust the judgement of the "majority"...I'm still waiting for the ERA to pass...

Bill T.
Bill T.

Yah, I'm not arguing right/wrong explicitly here, it's just the way the system works.

If it is defeated, it wouldn't be the first measure defeated on constitutional grounds.

Note that that is how many gun control issues are defeated (see the case in Virginia that was just decided in the last couple of days). I don't see the "conservatives" jumping up and down about those.

909Jeff
909Jeff

Really Gustavo?  

"is another sign of the fading impotence of the mayonnaise race"

You like this?  Its a racist remark, and you really like this? 

mitch young
mitch young

I"If you honestly think "taking in up the pooper" (I assume you meant "it") is a societal ill, why not try to ban anal sex?"

Not a bad idea, unfortunately our rogue SCOTUS has might it a constitutional right (out of nowhere). But the main reason is privacy costs versus benefits. It would be pretty hard to enforce such a ban, most acts take place in private. But 'marriage' is a public event, a state 'seal of approval.' Now the state is no longer neutral, but is in fact endorsing anal sex (in the case of male homosexual 'marriage'. And yes, marriage is about more than sex, but sex is a big part of marriage -- a wedding license is essentially saying we approve of you as a sexually active couple.

mitch young
mitch young

Dave, take it up with your syndicated columnist Dan 'the Santorum' Savage. His side hasn't even officially 'won' yet and his is already pushing the idea that 'monogamy' isn't part of marriage.

http://www.nytimes.com/2011/07...

There is sociological data on this too -- see Colleen Huff's research into long term 'gay' male partnerships in the 'Bay Area'. 

Dave Lieberman
Dave Lieberman

Marriage is a publicly accountable, committed, monogamous relationship, Mitch. See that word there, monogamous?

Promiscuous heterosexuals spread what my grandmother's generation euphemistically called "social disease" just as much as promiscuous homosexuals.

If you honestly think "taking in up the pooper" (I assume you meant "it") is a societal ill, why not try to ban anal sex?

Todd Sputnik
Todd Sputnik

Gee, coming from a life long member of NAMBLA, that means a lot.  So I guess its okay for Repubicans to molest children, like yourself.  But go ahead and read your little fairy tale (i.e., New Testament) and pray to your worthless little icons.  You are a fading minority and should go back to Utah.

mitch young
mitch young

Don't hold back Todd, let it all out...I know you Drama Queens need to vent every once in a while. But do make sure your 'partner' wraps the weasel before you guys make the 'Santorum'.

Todd Sputnik
Todd Sputnik

I think that fat, lazy vermin like yourself imposing your ignorance on those much more culturally significant and more intelligent is another sign of the fading impotence of the mayonnaise race.  How does it feel to be irrelevant you minimum wage earning parasite?

Bill T.
Bill T.

Weakly suggestive, at best. There are many differences in their systems and to ours and changes to them before and during the alleged changes in rates that would have to be controlled for to demonstrate causality. Can you cite a study where this was done?

mitch young
mitch young

I don't know about divorces, but I do think people will marry at a lower rate. In Sweden, long a 'leader' in this area, 56% of babies are born to unwed couples -- obviously the overwhelming number heterosexual.

Or look at Spain, a 30% drop in normal marriages since the PSOE instituted homosexual marriage.When that special institution between man and women is diluted, a lot of people, esp. the male half of a 'partnership' are going to say screw it, I don't want the hassle.

Bill T.
Bill T.

Really, you think people are going to get divorces and/or marry at a lower rate if marriage is extended to gays. I don't believe it.

Todd Sputnik
Todd Sputnik

And it also sums up the collective IQ of Mormon proposition 8 supporters.

mitch young
mitch young

Yeah, that's about as real as a score in a Globetrotters-Generals game.

Todd Sputnik
Todd Sputnik

bitch:  here's the score you ignorant trash:  Civil RIghts = 2, Mormons = 0.  Get over it.

mitch young
mitch young

Maybe not Bill, but a lot of young people, especially young males, aren't going to participate in an institution that has been diluted by this simulacrum of 'marriage'. Spain instituted 'gay' 'marriage' a few years ago -- its real marriage rates have dropped like a stone. Not a good think in a country that was already below replacement fertility.

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