Judge Rules California's Anti-Gay Marriage Proposition 8 Unconstitutional: Bloggers React

BlogHer Original Post

U.S. District Court Judge Vaughn R. Walker today ruled that Proposition 8, which banned same-sex marriage within the state of California, is unconstitutional.

SAN FRANCISCO - AUGUST 04: Prop 8 supporters Nadia Chayka (L) and her fiance Luke Otterstad (C) stand next to Prop 8 opponent Billy Radford as they stand outside of the Philip Burton Federal building August 4, 2010 in San Francisco, California. US District Judge Vaughn Walker will announce his ruling today on the constitutionality of Prop 8 in California, a voter approved measure that denies same-sex couples the right to marry in the State of California. (Photo by Justin Sullivan/Getty Images)

From the ruling in Perry v. Schwarzenegger:

Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8.


  • Lisa Keen of Keen News Service calls it "a big decision, but stayed," noting that "a few minutes after issuing the decision, Walker also issued a temporary stay of its impact and directed attorneys challenging the initiative to respond to request by August 6."
  • Michelle Malkin says, "The decision from Judge Vaughn Walker is no surprise if you watched his show trial antics over the last several months."
  • This Week In Lady News takes a look "Princes," the ad that caused the initial 5% saw in voters, leading to the 2008 passing in the Prop 8 legislature.
  • Pam at Pam's House Blend has a rolling open thread stuffed with information and analysis.
  • NerdMom of Nerd Family Blog says, "I have a feeling that we are going to see another piece of legislation soon, either legalizing gay marriage or banning it."
  • Mom bloggers at Babble and their babies re wearing their support of same-sex marriage.
  • Candace Chellew-Hodge at Religion Dispatches quotes a new study showing Prop. 8 was "parent-approved."
  • Not Just a Working Mom posted some cool NOH8 pictures.
  • The California NOW blog has a list of celebrations in towns throughout California.


What do you think about the ruling? A victory for gay rights? A reversal of voter-approved legislation? Tell me in the comments.


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