Appeals Court Says Proposition 8 Is Unconstitutional

LOS ANGELES (CBS) — A key ruling on Proposition 8, which prohibits same sex marriage in California, was handed down Tuesday morning.

Judges in the Ninth Circuit Court of Appeals in San Francisco ruled that the voter-approved injunction on same-sex marriage is unconstitutional.

The decision upholds Judge Vaughn Walker’s ruling from August of 2010.

Proposition 8 supporters say the issue will likely go to the U.S. Supreme Court.

“The court has rendered a powerful affirmation of the right of same-sex couples to marry. I applaud the wisdom and courage of this decision,” Gov. Jerry Brown said in a statement.

Andy Pugno, general counsel for the coalition, the official proponents of Proposition 8, issued the following statement:

“It’s no surprise that the 9th Circuit’s decision is completely out of step with every other federal appellate and Supreme Court decision in American history on the subject of marriage. Ever since the beginning of this case, we’ve known that the battle to preserve traditional marriage will ultimately be won or lost not here, but rather in the U.S. Supreme Court. We will immediately appeal this misguided decision that disregards the will of more than 7 million Californians who voted to restore marriage as the unique union of only a man and woman. We are confident that the rights of California voters will finally win out. With the sponsorship of the Hollywood elite, this lawsuit has been pushed forward as an assault on traditional marriage, with the help of a judge who failed to disclose his own long-term homosexual relationship while presiding over a case seeking the legalization of same-sex marriage. Although the court was deeply divided in its ruling against Proposition 8, the court also confirmed what the California Supreme Court has already concluded: that we have legal standing as representatives of the voters to assert California’s interests in the validity of Prop 8.  Our path to the U.S. Supreme Court is now very clear.  We are confident that the law, history, and the repeatedly expressed will of the American people will eventually gain a fair hearing, and traditional marriage will be upheld and protected.”

  • too sad

    I fear this nation is going down!

    • very sad

      I agree.

      Even in my young life, I remember it being a great country.

      God Bless America, we need it now more than ever!

    • lynda

      it is but it can be stopped. Pray and get out and do something good. Work for a conservative candidate. Don’t wait for it to get worse. Take the time NOW!
      Call this activist judge for what he is – a traitor to our constitution. He and Ginsberg are both idiots; Obama loves them.
      The Supreme Court will overturn this. The people of CA should be heard TWICE.
      Vote these progressive/liberal judges out of office.


        So how does banning Prop 8 personally affect all you puS$y dumbf**ks, especially that limp d!ck aS$breath that is always talking about Fullerton P.D. and licking balls? It’s not like any of you do anything with your balls except play with them.

      • GROW/APAIR


        Medication won’t help the limp d!ck puS$y dumbf**k. It comes from having Robert Hale’s balls up its ass. It can only copy and paste to let everyone know it’s a puS$y dumbf**k. Count how many screen names the puS$y d!cklicker uses, it’s not difficult and everyone knows it’s the sh!tbreath



        Then that would be you, sh!t-for-brains, as you listed variations and now everyone can add “1stman,” puS$y dumbf**k. :



        I can’t even get a job.That’s because that lawyer Robert Hale from Hale and Nguyen in Brea couldn’t help me with my case. Now I’m a bitter aS$puck that has a beef with law enforcement and everybody on the internet. I used multiple screen names like [GROW..APAIR], [wg//af], [up//yours] and [kma] so no one can track me down. I challenge people to meet me in front of the Fullerton P.D. station for my protection.

  • Jan

    If a judge is going to make these decisions for us as a society then why are we having elections over these issues? I though this country was a democracy. Majority has spoken…but…a judge will decide for everyone….

    • jkl

      While I agree with Prop.8, we do have the United States Constitution as the supreme guide line as to what is constitutional. We could have a majority vote for legalizing murder, but if it does not pass muster with the U.S. Constitution, it will be shot down.

    • American Citizen

      This is Horrible news that some judges in SAN FRAN can make the ruling to overturn what the people voted for! Our Savior is coming back soon

      • jkl

        Who is your Savior? If it’s the big J.C., religion will not be the answer. In my opinion religion causes more problems then it solves.

    • Den

      because it was a judge in F r i s c o where the appeals court is. If the court was in Los Angeles the outcome would have been different.

    • Allan Aldrich

      Sorry Jan, we do NOT live in a democracy, we live in a repressentative republic, you should have been paying attention in your jr high civics class. The constitution trumps everything. Feel free to vote whatever silly law you want enacted but if it is unconstitutional that silly law WILL be struck down.

    • Tracy

      If you look closely, we are now allowing the judges to determine our laws. Due process has gone out the window. Historically, look at the difference between Susan B. Anthony’s case to allow women the vote, and the civil rights movement. Ms. Anthony went through due process, meaning that the legislature write the law, but most of the laws coming from the civil rights movememt were made by the courts, not the legislature. Although the civil rights movement resulted in some needed changes, the ends to not justify the means. We allowed the unelected segment of the government decide to write the laws, not the legislature as stated in the Constitution. With this issue, we are continuing to reenforce this precident. So, having the courts involved before the legislature has a crack at this is itself unconstitutional. The fact that 7 million of us voted – THROUGH DUE PROCESS – and had it overturned, shows how much power the courts have. Also, why hasn’t this been completely thrown out on the basis of a conflict of interest? What if one of the judges was a Mormon or even a born-again Christian? I’m sure the gay community would have screamed “foul.” Since the court voted in their favor, nothing has been said about any of this.

  • Everyday Guy

    I will call this a Union, I will never call a same sex couple a marriage. And nothing can force me to. I’d like to see a same sex couple try getting married in a mosque.

  • Teufel Wolf

    Oh boohoo.. All you butt hurt Christians… Ever notice the only people upset about gay marriage are Christians and Muslims?

    • Our time has come

      The only one hurt is you.

      Good luck with that! :-)

      God bless you!

  • Teufel Wolf

    I have a question for all you Republicans – How does banning gay marriage create jobs?

    • Tracy

      Will you people get this straight, once and for all? Proposition 8 was to have marriage only between a man and a woman. It was not a “ban” on gay marriage. Most people that support Prop 8 have no problem with the gay community having an equal set of laws. Just don’t call it marriage. Besides, no one’s rights are being violated. California has a domestic partner law that puts any unmarried couple on an equal legal footing. Stop making it sound as if you’re being persecuted just because we want to maintain a legal definition. This is a simple matter of semantics. Stop trying to portray this as a violation of rights. If we were as “anti-gay” as you claim, we would be demanding that all of the anti-sodomy laws be enforced. You would also be facing much more discrimination, like your counterparts in other times and places. Oscar Wilde was jailed and lost custody of his children because he was gay. Be grateful that you get the tolerance you do. Tolerance is NOT a complete acceptance of everything you want to do. The arguments I have heard from the gay community are moot since your legal status is exactly the same under the domestic partnership laws. Do you think you are the only ones that have hostile in-laws that fight medical decisions or probate? You’re turning this semantic mole-hill into a mountain.

      Also, all this anti-bullying retoric is just that . You are bullies yourselves – writing musicals mocking a religion is bullying. Calling everyone that does not completely agree with you “haters” is bullying. Implying that you are victims of people that are not trying to harm you is bullying. I also think it’s disgusting that celebrities use the tragic suicides of young people as platforms for publicity. They are the real bullies.

    • lynda

      No one has laid claim that it will create jobs. As usual you libs always spin the story into something else.
      No need further comment to a liberal/progressive nut. Go home to your mommie.

  • Cindy duck

    Pro 8 is wrong and I celebrate the fact that it was overturned, down with any discrimination!

    • John

      So then you support NAMBLA too then, I suppose?

  • orz

    I couldnt agree more.

  • Teufel Wolf

    Why don’t you move to Iran.

  • bob

    by the same logic if he were straight wouldn’t he have to recluse himself

  • bob

    you can not vote on constitutional rights… sorry

  • Ken Pasco

    I have no idea how this ever got on the ballot. It should never be up for a vote for people who are prejudiced, naive, ignorant, or just don’t understand what prop 8 was all about. I’m not gay in any sense, but I’ll respect the right of individuals who want to marry. I’m not going to force my will on them just because I’m not into that lifestyle. This is a matter of too many people minding other people’s business when their own house is not in order.

  • GROWAPAIR \\//

    it was adam and eve not adam and jamie “mythbusters” LOL

  • bob

    The funny thing is that the same people who tout the sancity of marriage will vote for the three time adulterer Gingrich because he really represents Family values.

    • CandyO

      Isn’t that the truth?? Typical Republican hypocrites. Note that their last candidate for President was also an adulterer who dumped his wife for a younger woman.

      • John

        John F Kennedy. Robert Kennedy. Both cheating on their wives with Marilyn Monroe.

        Bill Clinton. Can’t keep his hands off the women in his office from the time he was a Governor straight into the White House.

        Don’t throw stones in glass houses.

      • GR0APAIR


        I can’t even get a job.That’s because that lawyer Robert Hale from Hale and Nguyen in Brea couldn’t help me with my case. Now I’m a bitter aS$puck that has a beef with law enforcement and everybody on the internet. I used multiple screen names like [GROW..APAIR], [wg//af], [up//yours] and [kma] so no one can track me down. I challenge people to meet me in front of the Fullerton P.D. station for my protection.

    • Karen

      I voted for Prop 8 and I support Mitt Romney.

    • lynda

      Not true. Where did you get those facts??? Because they aren’t facts.

  • Robert E Smith

    It Prop 8 is unconstitutional, so is same sex marriage, but not only that it is still immoral and should not have been addressed in the first place. And no children between the same sexes, period, no adoptions, or anyother way. A child needs both parents of the opposite sexes, and even more important, for both parents to be together in raising their children.

  • Luther Vandrose

    F the gubment. I will do what I want to. F you brown, f u honky house. f u popo. aint gettin nuthin from me. I was made, i will conquer, i will destroy! B atch

    • jkl

      Luther, you got a problem? Not one word you typed has anything to do with this article. If you need to rant and rave, do it where some one will appreciate it.

  • CAB

    What good is the Court of Appeals when every decision is subsequently rolled over to the Supreme Court?

    Can anyone name a case that actually STOPPED at the appellate level?

    • Karen

      The cases the Supreme Court will not hear. That court decides which cases it will take. I hope they take this one. I want them to vacate both courts’ decisions and dismiss the matter for lack of jurisdiction. Marriage licenses are issued by states, not the federal government. In fact, there is a Supreme Court case that says exactly that so these clowns took this case is beyond me.

  • stevevguitar

    the puks on the nine circuit just told us all to stick it. so much for democracy.

    • Allan Aldrich

      Sorry Steve, we do NOT live in a democracy, we live in a repressentative republic, you should have been paying attention in your jr high civics class> The constitution trumps everything. Vote whatever silly law you want enacted but if it is unconstitutional that silly law WILL be struck down.

      • Tracy

        Allan, check your memory from civics class. The Constitution states that the legislature makes the laws and the judiciary decides their legality under the Constitution. We have the courts, unelected and not representative of any kind of constituency now making the laws. It’s very scary.

  • Uhoh

    Why do we vote then? The people have spoken and the court says unconstitutional. America’s people are losing their rights fast. The voting booth no longer matters anymore.

  • vee

    To those who defy the WILL of God by continuing to support the same-sex marriage, you better have a very good explanation to God once you are taken by angels after your last earthly breath and brought into the very presence of God. You will tremble in fear like you have never trembled before for you know that you have sin greatly.

    The defiance of the multitudes against the WILL of God has been foretold in the bible. I am not surprise by these events that clearly shows that evil is creeping into the society forcing people to accept the rampant immorality that is going on.

    Evil people will never escape the Judgment and wrath of God.

    Accept Jesus as your Lord and Savior and turn away from your evil ways before it is too late. Let your hearts open up to the words of God in the bible.

    • vee

      Hello, GROWAPAIR. May the peace of the Lord settle in you :-)

      Though your words are hateful towards me, I am commanded by God to forgive you. You see, to know Jesus and His saving grace is to know peace.

      I support Prop 8 because it recognizes that marriage is between a man and a woman. This is the WILL of God. Being a servant of God, I have to abide by his will. I also oppose abortion because it kills a human being.

      When evil is not oppose, it thrives in a society and laws are put up allowing it to become socially acceptable. pornography is one sin that has been legalized that is against the will of God.

      As a Christian, it is my duty to spread the Good news of God that Jesus is the Messiah. It is also my duty to bring to light the evils that are creeping its way to the foundation of families because a family has a father and a mother which is a man and a woman.


        If your god is so powerful why does he need a puS$y dumbf**k like you , sh!t for brains? Since you know somebody by the name of “Jesus” why aren’t you at peace instead of running around talking sh!t you have no idea about, aS$f**k?

  • algoquin c calhoun

    can one of you liberals who regard yourself as a ‘victim” please explain why prop eight received the vast majority of the negro vote hardly a conservative voting block!!

    • Tracy

      You’re right. 75% of black voters that voted for Obama also voted yes on Prop. 8. In fact, one of the black ministers defended the Mormons by saying that his congregation mostly voted yes on 8, but nobody was picketing them. The response was that the No on 8 people didn’t want to look racist. So, gays, let me get this straight: it’s okay to bully a faith, but not an ethnic group. It’s also not welll known that the Mormon temple workers had to have police escort on the day of the gay protest because of threats. Isn’t that bullying? What about the group that sent an envelope of white powder to the LA temple visitors’ center? Isn’t that bullying, too? Not to mention The Book of Mormon Musical, or the Mormon Proposition. It’s all bullying, but since it’s against those that don’t agree with everything the gay community wants, it’s okay How absolutely hypocritical. Bullying is wrong, no matter who the victim is!!! So, what is the explanation for all the vitriolic name-calling and bullying directed at Prop 8 supporters?

  • Proposition 8 Ruled Unconstitutional « The Fifth Column

    […] Ruling On Proposition 8 Expected Tuesday ( Share this:ShareFacebookPrintEmailRedditTwitterDiggLike this:LikeBe the first to like this post. […]

  • Free Bird

    Religion ruins everything. Let people live their lives the way they want and we’d all live happily ever after. Religious freaks love to butt in to mess everything up. Just let them get married and leave them alone. Down with Prop 8. All hail freedom!

  • Karen

    We the people are the legislature in California. How many times have we voted?

    How dare the 9th Circuit say Prop 8 has no purpose. That is their only ruling. What ? I think it had a lot of purpose which is why I voted for Prop 8.

    This ruling makes zero sense. It is a federal court so their decisions should affect every state, but this decision only affects California.

    I hope everyone sends money to our attorneys who are fighting these people.

    If this is how the Court really believes, why can’t they get married in CA? Gay people can not get married per this decision. Bogus.

  • Karen

    There is no constitutional right to get married. So phooey to you.

    I suggest that you actually read it. Marriage licenses are issued by the state, not feds.

  • Mike Jones

    Any fool can see that the city of Los Angeles is absolutely sick with corruption to its very core, Mayor Villaraigosa and his minions on the city council have allowed children to fall into the hands of pedophiles and proven time and again that the way of their city government is the way of corruption.

    How long will the people of Los Angeles put up with this gross mismanagement, gross misconduct, and disgustingly gross incompetence? The list of their personal and professional failures, misdeeds, and suspicious activities goes on for miles, and yet still they sit in office where they can run the city into the ground. It simply astounds me.

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