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Wednesday, August 4, 2010

Prop 8 (Reportedly) Ruled Unconstitutional

Posted by on Wed, Aug 4, 2010 at 1:33 PM

The official court site is crashing because everyone in the world is hitting refresh at once and Twitter is awash in rumors that can't be confirmed, but New York magazine, the first reliable site I've seen with a report on this, says:

Big news: According to a source who has seen the 136-page decision, U.S. District Court Judge Walker has ruled Proposition 8, the California voter-approved ban on gay marriage, unconstitutional under both the due-process and equal-protection clauses. We're staying tuned and will report more details when we get them.

If true—and it's still a big if; I haven't seen the decision yet and it sounds like New York mag's blogger hasn't either—if it's true, this would be what gay rights lawyers and activists have described as the best possible outcome.

UPDATE: Freedom to Marry, one of the leading marriage equality groups in the country, seems to confirm this New York Mag report on its Twitter feed. As does Equality America.

 

Comments (28) RSS

Oldest First Unregistered On Registered On Add a comment
Matt from Denver 1
Assuming this is true, let me say YIPPEE now. I have to run and do some errands.
Posted by Matt from Denver on August 4, 2010 at 1:37 PM
Fnarf 2
Oh, my god. That's huge. A lot of hearts and minds (on both sides) are going to crash too. If it's true, it's a beautiful day in America.
Posted by Fnarf http://www.facebook.com/fnarf on August 4, 2010 at 1:39 PM
scary tyler moore 3
and on obama's birthday, too.
Posted by scary tyler moore http://pushymcshove.blogspot.com/ on August 4, 2010 at 1:40 PM
4
Hard copies of decision said to be released at 2pm PDT. Expecting electronic posting at the same time. I really hope the rumors on the decision are true.
Posted by Smartypants on August 4, 2010 at 1:41 PM
Joe Szilagyi 5
Fingers crossed, and crossed that Vaughn doesn't grant the stay that the bigots asked for last night to punt it right up to the 9th. If this shakes out we could be a legitimate 1-3 years from national change!
Posted by Joe Szilagyi http://www.joeszilagyi.com on August 4, 2010 at 1:41 PM
6
I didn't even realize how wrapped up in this I was until I read this post. I'm shocked and relieved and very excited. Yay!
Posted by thom on August 4, 2010 at 1:42 PM
MacCrocodile 7
I just managed to load the site--and maybe I just don't know what to look for--but all I see is the usual "Please check this website regularly for updates."
Posted by MacCrocodile on August 4, 2010 at 1:43 PM
Posted by Smartypants on August 4, 2010 at 1:44 PM
9
omygod
Posted by jen on August 4, 2010 at 1:44 PM
Cook 10
yayyyyyyyyyyyy
Posted by Cook on August 4, 2010 at 1:46 PM
Vince 11
I only hope this doesn't go before the Roberts court.
Posted by Vince on August 4, 2010 at 1:46 PM
reverend dr dj riz 12
and david made me listen to morrissey today too.. what other miracles are in store ? maybe my husband will let me cake for lunch..
Posted by reverend dr dj riz on August 4, 2010 at 1:47 PM
13
http://prop8trialtracker.com/

BREAKING: Prop 8 ruled unconstitutional
by Adam Bink
I just finished reading the meat of the decision. Chief Judge Vaughn Walker has ruled Prop 8 is unconstitutional on both Equal Protection and Due Process grounds. Huge win. The decision is likely to be appealed to the Ninth Circuit Court of Appeals. Developing…
Posted by madval on August 4, 2010 at 1:48 PM
14
@11 doesn't mean they would overturn it they sided with gay rights groups on R-71 case in WA
Posted by Democrat1234 on August 4, 2010 at 1:48 PM
gloomy gus 15
@13, thanks so much! They link to the ruling here: http://www.scribd.com/doc/35374462/Prop-…
Posted by gloomy gus on August 4, 2010 at 1:50 PM
merry 16
YES

Posted by merry on August 4, 2010 at 1:51 PM
17
MSNBC and CNN are confirming this right now. Fox News is not reporting it. The CNN guy says his producers are in the court building and have seen the physical document.
Posted by J from Oregon on August 4, 2010 at 1:52 PM
Joe Szilagyi 18
Drudge is having a red alert breakdown at the moment.
Posted by Joe Szilagyi http://www.joeszilagyi.com on August 4, 2010 at 1:58 PM
19
Where's the party in Seattle?
Posted by kersy on August 4, 2010 at 2:04 PM
Joe Szilagyi 20
When will video of the trial be released now?
Posted by Joe Szilagyi http://www.joeszilagyi.com on August 4, 2010 at 2:14 PM
T 21
FUCK YES!!!
Posted by T on August 4, 2010 at 2:17 PM
ceefurn 22
yay!

Also, did you guys just switch your rss to partial feeds? Not cool, bros.
Posted by ceefurn http://weeklygeekshow.com on August 4, 2010 at 2:28 PM
23
This morning CNN had Tony AND Gary (of "Tony and Gary hare having a baby!" fame, for you loyal sloggers who have been inexplicably shielded from the biggest story in Queerdom of the past six months....) on commenting on the Prop 8 decision.

Has America found new Gay Dad Spokesmodels???
Posted by Gary and Tony can confirm this story..... on August 4, 2010 at 2:45 PM
24
Thank God for logical minds.
Posted by Schweighsr on August 4, 2010 at 3:03 PM
venomlash 25
@23: Nobody cares. Go become an hero, troll.
Posted by venomlash on August 4, 2010 at 3:18 PM
26
25 america isn't big enough for two sets of famous gay dads.......
Posted by OKCorral on August 4, 2010 at 3:35 PM
emma's bee 27
Sweet, sweet news. Now if only Roberts, Thomas, Alito and Scalia would simultaneously retire.
Posted by emma's bee on August 4, 2010 at 4:30 PM
Canadian Nurse 28
Hurrah! Hurrah! Hurrah! I'm so happy for your country. Finally some good news!
Posted by Canadian Nurse on August 4, 2010 at 10:53 PM

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