Proposition 8 Overturned - Advocates to Appeal on Behalf of County of Imperial

San Francisco, California.   Today, San Francisco Federal District Court Judge Vaughn Walker ruled that Proposition 8 is unconstitutional under both the Equal Protection Clause and Due Process Clause of the United States Constitution.  In doing so, Walker overturned California’s Proposition 8, which was passed by a majority of California voters in 2008.  The trial in this case, Perry v. Schwarzenegger, occurred in January, 2010, in the Federal District Court for the Northern District of California. 

Proposition 8 states the following: “Only marriage between one man and one woman is valid or recognized in California.”  The people of California passed this initiative to preserve the institution of marriage.   

While declaring Proposition 8 unconstitutional, Judge Walker stated, “The evidence shows conclusively that moral and religious views form the only basis for a belief that same-sex couples are different from opposite sex couples.  The evidence fatally undermines any purported state interest in treating couples differently; thus, these interests do not provide a rational basis supporting Proposition 8.”  He also said, “Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians.  The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples.”   

This case will likely establish the law for the entire Nation once it is heard by the United States Supreme Court.  Advocates for Faith and Freedom filed a motion to intervene in the federal lawsuit on behalf of the County of Imperial where close to seventy percent of the voters cast their ballots in favor of Proposition 8.  Judge Vaughn Walker denied the County’s intervention, which is necessary in order to assure the case can be appealed.  It has previously been argued by the Plaintiffs’ lawyers that the official proponents of Proposition 8 and the “Yes on 8 Campaign” lack standing to appeal the decision to the Ninth Circuit Federal Court of Appeals.  Therefore, in cooperation with the official proponents of Proposition 8, Advocates for Faith and Freedom intends to appeal the denial of intervention in order to ensure that the defense of Proposition 8 is able to continue. 

Judge Walker issued a temporary stay preventing his decision from being enforced while he considers a motion that was filed by the “Yes on 8 Campaign” and joined by the County of Imperial, wherein the Court is being asking for a permanent stay of his decision until the case is finally decided in the Ninth Circuit, and ultimately, the United States Supreme Court.   Advocates for Faith and Freedom intends to file a notice of appeal regarding the constitutionality of Proposition 8 in the Ninth Circuit Federal Court of Appeals in short order.   

“By the people, for the people and of the people,” said County Supervisor Wally Leimgruber.  “Democratic principles are at stake and it is important for governmental representatives to defend the interests of the people who elected them.”  

We will fight hard on behalf of California voters to ensure that their votes on this initiative, and future initiatives, are respected by the judiciary.  California voters have the right to vote pursuant to their religious and moral beliefs.  Judge Walker’s determination that Proposition 8 lacked a rational basis is contrary to both well-established precedent and democratic principles. 

Please consider making a generous contribution to Advocates for Faith and Freedom as we continue to fight for marriage, for democratic principles and for religious liberty.  We are representing the County of Imperial without charge and would greatly appreciate your financial support in these difficult financial times.  This case has been very costly and will continue to be very expensive as we proceed to the Ninth Circuit Federal Court of Appeals.  

This information is provided by Advocates for Faith and Freedom, a non-profit religious law firm dedicated to protecting religious liberty in the courts!  To help us in our ongoing battle for religious freedom, click here to donate to Advocates.