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August 5th, 2010
05:54 AM ET

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[cnn-photo-caption image= http://i2.cdn.turner.com/cnn/2010/images/08/05/ca.prop8.ruling.gi.art.jpg caption= "Defendants and plaintiffs have until Friday to submit responses to a temporary stay. The decision is a major victory for proponents of same-sex marriage."]

Deadline looms to respond to stay in same-sex marriage ban ruling

(CNN) – Defendants and plaintiffs have until Friday to submit responses to a temporary stay that a California judge granted after striking down the state's ban on same-sex marriage.

Chief U.S. District Judge Vaughn Walker in San Francisco ruled on Wednesday that California's Proposition 8 violates the U.S. Constitution.

He however granted a temporary stay, which stops his decision from taking immediate effect.

Supporters of Proposition 8 argued, prior to Walker's ruling, that same-sex marriages would be performed soon after his decision and could be complicated by rulings and appeals farther down the legal road.

The judge's decision striking down the ban handed supporters of gay rights a major victory in a case that both sides say is sure to wind up before the U.S. Supreme Court.

The 136-page opinion is an initial step in what will likely be a lengthy fight over the proposition, which defines marriage as a union between a man and a woman.

At stake in the trial was whether California's ban on same-sex marriage violates gay couples' rights to equal protection and due process, as protected by the U.S. Constitution. Read more

Related: Read the 136-page ruling

Sound off: We want to hear from you this morning. Add your comments to the LIVE Blog below and we'll read some of them on the show.


Filed under: LIVE Blog • Top Stories
soundoff (110 Responses)
  1. Kathleen Fairweather

    am-fiix,

    First, heterosexuals are not stake holders in the proposition 8 decision. They already have the right to enter into a marriage contract.

    Secondly, the marriage license and marriage contract, both overseen and recorded (and attending fees) are administered by the government. These services may not be denied to anyone based on a discriminatory basis.

    Finally, the government may not deny adults aged 18 and older the right to enter into a legal, binding contract, A marriage is just that, allowing special rights, priveleges and responsibilites to both parties. Things like parental rights, next of kin, tax filing advanges and medical proxy. rights. These are things most heterosexual couple take for granted. However same sex couples are currently denied these rights based only on their sexual orientation.

    This is not equal protecion under the constitution. One group may not dictate their religion to another group. After all, isn't that why we of European descent here to begin with?

    August 5, 2010 at 8:40 am |
  2. Jaclyn

    All the arguments I see claiming it is for the "sanctity of marriage" seems to ring toward the view against interracial marriage of the "purity of race."

    August 5, 2010 at 8:38 am |
  3. Catherine Viviano / Houston, TX

    Regarding the ruling on Prop:

    I am a mother of two sons, ages 26 and 23, one gay and one straight. I am looking at several pictures of my two boys on my desk, at various times in their lives growing up. As I look at their pictures, it pains me to know that one son has more rights than the other.

    My right to marry had nothing to do with religion or culture. My right to marry was a given right by the US Constitution. The fact that there are individuals in this country trying to impose their personal beliefs on my right to marry, not to mention my gay son's right to do all sorts of things, the least of which is the right to marry, is in direct violation to the laws of this country. There is supposed to be a separation of Church and State. Our laws were based on this separation.

    I would like to ask all parents to take out photos of their children and look at them closely. Then, I would like each parent to choose which child they would deem to have fewer rights than their other child. That is what happen to me on a daily basis. Other people get to decide the basic rights of my son - basic rights given to one of my children and taken away from the other.

    August 5, 2010 at 8:37 am |
  4. Ronny

    Anybody using the "Bible" as a basis for an argument needs professional help. To believe in something that can't be proved – either to be true or false – is a sure sign of a form of mental illness.

    August 5, 2010 at 8:37 am |
  5. Tom-Vermillion, Ohio

    @Dan, so you admit that it was written by man. Those 'men' had a very different perception of reality because of things that they did not know as we know those things today. Should we go back to the world as those men knew it? That's not realistic, and I certainly hope not.

    August 5, 2010 at 8:36 am |
  6. John

    I am Christian. What do Muslims beleive about marraige? What does the Quran say about marraige? I am interested to know if it would be a different thought from everyone if the "Quran" was mentioned vice the bible.

    August 5, 2010 at 8:36 am |
  7. Lainie Miller

    PS Barbara Cooper

    Jesus, when asked about divorce, went on to clarify in Matthew 19:3-9
    “….at the beginning the Creator made them male and female, and for this reason a man will leave his father and mother and be united to his wife, and the two will become one flesh….what God has joined together, let man not separate.”…..

    August 5, 2010 at 8:36 am |
  8. Richard-FL

    @Leni

    When I refer to God I am referring to the God of Abraham, Isaac, and Jacob.

    August 5, 2010 at 8:35 am |
  9. Scott Carter

    Don't bother with the Bible...if you need guidance from God simply ask Him and listen for the answer to show itself within the ear of your heart. God never wrought pain and pestilence upon us...we have done that to ourselves.

    August 5, 2010 at 8:34 am |
  10. Richard-FL

    @Pauly

    Whether married couples break laws or commit violence is not a rational or logical argument for gay marriage.
    All that says is that men and women commit crimes because they are sinners!

    Whether married people commit violence is not part of this argument. Whether God said it is ok for man to marry another man is.

    We are one nation under God . Don't forget that! Or have you already forgotten?

    Interracial marriage is much different than gay marriage. Man and woman who love one another and choose to follow the God of the Bible will not commit crimes or do the things you accuse them of doing.

    You said "The govt can't deny any group the rights that other citizens have. Why can't you all understand that simple fact"

    The govt cannot allow anybody to just do anything because they are citizens either! That would be anarchy and we are a nation of lawsand we have laws prohibiting such things.

    August 5, 2010 at 8:33 am |
  11. Barbara

    What makes our country an amazing place is the ability of its citizens to vocalize real opinions without fear. What makes our country an amazing ideology is the inalienable rights that we have to pursue our dreams. The greatest hope I have for our country is that we can see our similarities rather than our differences as human beings again. I think we used to be able to see that. I totally believe in separation of church and state. I have a very liberal personal agenda and have wonderful right wing Christian friends who can be both amazingly charitable and giving in one instance and then deny other's rights in the same breath. With regard to gay and lesbian marriages, I'm not even sure why they want to aspire to this institution which has so many failures. It wasn't too long ago that 50 % of all marriages failed.
    Can we not come up with a similar union with all of the same civil rights as marriage, but call it somethings else? If "marriage" is the trigger word, can we not create a better term for a beautiful civil union for men and men; and women and women? Can't we be somewhat more creative and avoid all of these hateful remarks towards our fellow American citizens?

    August 5, 2010 at 8:32 am |
  12. Ronny

    You only have "freedom of speech" to a certain degree. You can NOT just say anything you want to.

    August 5, 2010 at 8:32 am |
  13. Fred

    I guess no relationship ( or honeymoon ) is perfect ; but I read and heard that love smoothes over a multitude of faults ( & imperferctions )...so how about live and let live and hope for the happiness of the other? Dan, I understand your concern for Scripture but I think that God wants to save so much the individual soul...so he came to redeem rather than condemn. Anyway, just my two cents worth. Kiran & John, you two are terrific and great to see you thriving together on the air. All the best!
    Fred ( from Toronto )

    August 5, 2010 at 8:32 am |
  14. Ronny

    Using "GOD" in any argument to prove or disprove your position is stupid. "GOD" doesn't exist.

    August 5, 2010 at 8:29 am |
  15. Linda Engbrenghof

    As a Californian, I am pleased by yesterday's overturning of Prop. 8. This is a civil rights issue and I do not believe that a minority group should be forced to suffer from the tyranny of the majority. Prop. 8 should never have been placed on the ballots in the first place. There are many churches in California that would gladly unite same sex couples in marriage but could not because of Prop. 8.

    August 5, 2010 at 8:29 am |
  16. Rick Hopkins

    I am a 49 year old gay man. I have been with my partner for 28 years who I love very much. There are hundreds of thousands other same sex relationships throughout the US and the world has not come to and end because of it. The only difference between my relationship and heterosexual relationships is the fact that we are not allowed to protect our partners because we are not allowed to marry. I think some of the folks trying to prevent gay marriage think this will make homosexually go away. Well of course I will still be here and I will still be gay even if I cannot marry.

    August 5, 2010 at 8:29 am |
  17. Lou

    The city selected is gay, the judge selected is gay, and the case involved a gay issue. Doesn't anyone see a manipulation of the courts ? This is not an unbiased verdict. Can anyone find a gay person who does not hate Prop 8 ? The judge should have recused himself.

    August 5, 2010 at 8:29 am |
  18. Robert

    This gay marriage issue has gone far enough... It's against nature... think about it, opposites attract.

    In magnetism Opposite poles attract,
    In electericity oppsite charges attract,
    in nature female and male species are made to give birth,

    In terms of religion,god kicked Adam and Eve out of the garden of Eden for eating an apple, now what do you think he thinks of same sex ppl mating/ getting married... LOL

    August 5, 2010 at 8:28 am |
  19. Marie

    "Sanctity of marriage", I want to roll on the floor when I read that!!! Seriously?? There is more divorce than ever. "Gays should not marry because they cannot procreate"!!! Best line ever. This so sad. Marriage is about love, respect and acceptance. Why are people so scared of gays getting married? It is so beyond me. A lot of heteros should take cues from them and the way they seems to be the only ones still believing in the "sanctity".
    Ignorance and intolerance should be a sin.

    August 5, 2010 at 8:27 am |
  20. Brandon of Illinois

    Not allowing gays the right to marry violates the 9th amendment that gives americans equal protection under law. And marriage is a civil right not a privelege love doesn't discriminate.

    August 5, 2010 at 8:27 am |
  21. craine

    There is no legal presidence for this ruling. This judge is trying to legislate. Marriage by its legal definition in even old English law was created as protection for children and women! thus , a gender specfic contract. nothing more or less. I do understand that there are civil unions for same sex couples so what is really being foughrt here a claiming of a term. So what is being looked at here and does the court have the time to deal with this frivolous issue as to who has righjt to use the word marriage just because...some people want a head trip?
    By definition marriage is between man and woman because the one thing same sex couples can't do is procreate by exchanging their genes! Hence, the unique aspect of the contract.
    ( please forgive the misspellings I did not proof read)

    August 5, 2010 at 8:26 am |
  22. Scott Carter

    If religious institutions...ie the Mormons...want to weigh in on government issues then they should have their tax free status revoked!

    August 5, 2010 at 8:26 am |
  23. William

    Do the USA think that countries like Canada, Spain, Netherlands, UK...even Argentina care less about their people (or have gone crazy) to give them such rights as same sex marriage...at least the other countries that didn't, gave civil-union rights (including immigration rights)...still the USA think that they know better...huh...congratulations for the end of oil leaking...hopefully soon that will happen to justice over there.

    August 5, 2010 at 8:25 am |
  24. Megan

    Those of you complaining about the "will of the people" being overturned should go back and re-read The Federalist Papers. That is exactly why we have checks and balances: to keep the majority from oppressing minorities.

    August 5, 2010 at 8:24 am |
  25. JimInNewYork

    My feeling is, if these people (gays) want to engage in this behavior in private, that's their prerogative. Where I have an issue is when these people try to convince the rest of society that it's "normal" behavior, and should be accepted as such. It is NOT!

    August 5, 2010 at 8:23 am |
  26. Scott Carter

    As a gay proffessional, I pay more taxes per capita than the average straight/married man and I will NOT settle for less rights! Let's have a legal contract between all adults and our government called a civil union and if a man and woman want to go to thier religious institution and sanctify their relationship then do so and call it marrigae or whatever they choose!

    August 5, 2010 at 8:22 am |
  27. Barbara Ann Cooper

    The Bible isn't always meant to be interpreted literally, it was written in the context of the historical and cultural times of that period. The world has changed a great deal since then; and I think God understands that and wants us to practice Christian principles such as tolerance, compassion, equality, moral relationships, non-discrimination, fairness, etc.

    Many gay couples consider themselves 'Husband and Wife'. One is the Husband, and one is the Wife.

    I strongly believe God is working throughout our country, trying to help us grow up as a society and do what's right. He doesn't want a large group of children he created, to be treated so unfairly and denied the moral and legal commitment of marriage. He also doesn't want to see them in pain, and discriminated against. He is an unconditionally loving God, who wants the best for us all. It's as simple as that.

    August 5, 2010 at 8:22 am |
  28. Grace

    I personally could care less if gays want to marry, maybe they should also have the "joy" of divorce. There are many more pressing issues. However in places where it exists, the sky hasn't fallen, the family hasn't fallen apart, there has been no increase in sex offenses, all of the arguments used against giving gays the rights to marry. America has always yelled the loudest for human rights, freedom, and has been the leader. Now we have to start following? Look at Canada, Argentina, parts of Europe. Are they better than we are? Canada's constitution was modeled after ours and they are our neighbor. How can a country so much like our own, see things differently? We live in strange times that's for sure and I have seen a lot in my almost 80 years, but hey, it's the 21st century, not the 16th.

    August 5, 2010 at 8:22 am |
  29. D. Lewis

    It's not the judge's opinion that counts; it's the Constitution. And COMMON SENSE.

    The people who are against gay marriage don't know anyone who is gay. Get to know a family with two moms or two dads and you'll change you'll change your mind immediately.

    I'm Canadian and have absolutely no trouble giving everyone their civil rights.

    August 5, 2010 at 8:21 am |
  30. joanna fasulo

    Marriage has two different aspects- under the law and under the church. We are a nation of separate God and State- it is important to note that a marriage certificate is not the same as having a marriage in a church. Gays just want the marriage certificate- this is what they are fighting for. If they do not receive a government marriage certificate- then that is un constitutional under our "equality for all "mantra.

    August 5, 2010 at 8:21 am |
  31. Pauly

    The US Constitution guarantees rights that many in other countries don't have. Should we do away w/ the 1st Amendment guarantess of free speech, freedom to worship or not worship anyone we choose or the freedom of the press?

    August 5, 2010 at 8:20 am |
  32. john

    I don't understand the fear of those opposed to gay marriage. I don't think gay marriage has any affect on my wife and I being married. People don't choose to be gay, no more than we choose to be straight. It's God's will and people should not be judgmental and hateful.

    John
    Miami, FL

    August 5, 2010 at 8:20 am |
  33. Bobby

    This is a big win for the Republican Party as now the 2012 election can focus on more fiscal issues, which are way more likely to be won by the republicans.

    August 5, 2010 at 8:20 am |
  34. daniel

    How can the 'sanctity of marriage between a man and a woman' be so strong if the very thought of gay marriage so threatens its supporters? What is it, exactly, that they are afraid of? And how does two people who love each other getting married threaten anyone?

    August 5, 2010 at 8:20 am |
  35. James, MS

    It's a very sad day.......that's all I can say....

    August 5, 2010 at 8:20 am |
  36. Thom

    The ban on gay marriage is wrong on so many levels. First it is a civil rights issue because, no one is legally married by a religious ceremony only. To be legally married in this country one need a license issued by the state. It's also a form of religious persecution, which is one of the biggest reasons why our country came to be. It is also a form of sexual discrimination, we shouldn't be discriminated against because we are men.

    The religious right can't pick and choose which part of the constitution they want to protect. They also call themselves the party of "family values", what's wrong with a gay couple wanting to be recognized as a legitimate family, as every other family in this country.

    August 5, 2010 at 8:19 am |
  37. Dan

    @ Tom, over 40 authors, over a 1,200 + year period, over 1/2 of the geographical world, inspired by God (2nd Timothy 3:16) is who wrote the bible.

    August 5, 2010 at 8:18 am |
  38. Michael Armstrong Sr.

    The gay people are more gay and the sad people are more sad including Jesus and God .

    August 5, 2010 at 8:16 am |
  39. Randall of Texas

    Marriage or civil union irregardless an American has the right to publicly pledge their love and devotion to any other person and fully entitled to reap any benefits the American system has alloted to partnering for life...

    August 5, 2010 at 8:15 am |
  40. Randall of Texas

    I hate any country that sends youngsters to war over Weapons of Mass Destruction that we knew for years that didn't exist and then gives tax breaks to those that benefit most over what these youngsters are dying for...America officially resides in the sucks penalty box in my soul. mind, body and spirit!...

    August 5, 2010 at 8:12 am |
  41. Anthony W. Duncan

    I have a gay brother and a few gay friends so I am very supportive of gay issues. However, i do not feel that the government has the right to say that gays can or cannot get married. To say that the government has the right determine what a religon must accept, because mariage is a religous issuse, is a big pill of big brother's conrtol. Further more, I feel that gays should have every right to have a civil union and have the same insurance, medical, legal, ect. privilages as married couples.

    ~Liverpool, NY~

    August 5, 2010 at 8:11 am |
  42. Dan

    Barbara,
    I am a citizen of the US (temporary); however, my eternal (permanent) home is heaven, and I must adhere to God's word.
    If you would like another biblical scripture about marraige: 1st Corinthians 7. Over and over it speaks of Man and Wife, not Man and Man or Woman and Woman.

    August 5, 2010 at 8:10 am |
  43. Barbara Ann Cooper

    Dan apparently does not recognize that gay people are created by God. Where do you think they come from? They don't just spontaneously mutate into being gay, they are born that way! It's a biological orientation, as medical science and research has proven in recent years.

    Do you honestly think God would create people to be gay, and then want their Civil Rights stripped away, be treated unfairly, discriminated against, and be denied the opportunity for happiness and equality in legal marriage? I don't think so! He wants the same love and compassion for all His children.

    And He wouldn't 'stand in judgement' of a person he created to be gay! There is nothing wrong with being gay, and God certainly wouldn't punish someone for being the way He created him or her.

    And for the record; it was not the majority of Californians that voted against gay marriage and Proposition 8. California has notoriously low voter turnouts during elections, and generally averages around 25-35%. That is hardly 'the majority of Californians'. It was only a small percentage of people who happened to vote in that election.

    Even with a slightly larger percentage due to a Presidential Election, it still does not reflect the majority of California voters or citizens at all. Not all CA citizens are registered to vote, and not all of those who are actually vote.

    Also-the voters who did vote on Prop 8 were greatly misguided by misinformation and scare tactics by the media, primarily provided by proponents of Prop 8 (Namely certain large organized religions with a lot of financial backing behind them.) Recent research shows that people are more accurately informed now, and given a similar vote would have voted against Prop 8.

    Either way- a small percentage of voters during an election does not reflect the majority of Californians. And Civil Rights for millions of gay Californians should never have been left up to a popular vote in the first place. It's a Constitutional issue.

    August 5, 2010 at 8:06 am |
  44. Aaron

    I think it is silly that lawmakers would waste their time on things such as Same Sex Marriage. No matter what we say people all over the U.S. and all over the world are going to do it anyway. So why do we focus on such small things rather than things wich really matter, like how to bring us out of the economic slump?

    August 5, 2010 at 8:05 am |
  45. Leni

    PS DAN
    The book of Genesis does not dictate laws here in America! THE LAND of the FREE

    August 5, 2010 at 8:03 am |
  46. Todd

    I think the ruling was right on point. Banning gay marriage is discrimination. Good Job!

    August 5, 2010 at 8:02 am |
  47. Dave

    for clarification, i mean the judge of course!, not John Roberts! HA!

    August 5, 2010 at 8:01 am |
  48. Ronny

    Why is it that the only country in the world that automatically makes children of illegal aliens citizens at birth is the US?

    Someone has said that other countries allow gay marriage so why doesn't the US but those same countries don't allow children of illegal aliens to become automatic citizens at birth.

    What is it?... Can't have it both ways.

    August 5, 2010 at 8:00 am |
  49. Tom-Vermillion, Ohio

    @Dan, Who do you believe wrote the Bible? How can any person, alive or long since dead, really 'know' what God hates, loves and perhaps does not really care one way or another? Seems to me that there are and have been a whole bunch of people who interprete the Bible for personal , self-serving agendas. The same can be said for the US Constitution and US Law. The search for the truth is an on going process and this search for truth is what's most 'sacred' to me. People, who 'preach' or 'teach' untrue things consistently are infuriating to most reasonable people. How in the world are we ever going to 'fix' our broken government on a platform based on untrue things.

    August 5, 2010 at 8:00 am |
  50. Leni

    The question one has to consider when it comes to G-D and America is……. Which G-D are you talking about? America is a nation of freedom of religion. That means a nation that respects many different beliefs or even non- believes. Marriage is also sacred to people with no belief in G-D and their rights should be protected and not look at as a sin.

    August 5, 2010 at 7:57 am |
  51. Dan

    Barbara, you need to re-read the bible.
    GOD made marraige between a Man and Woman. No where in his holy word does it mention marraige is ok for a woman-woman or man-man.
    Read Genesis 2-3. It specifically states God created Woman to be a partner for Man.
    Can you tell me in the bible what scripture God says it is ok for Gay Marraige?
    To go a step further, please read Genesis chapters 18 & 19, and tell me what it says.

    August 5, 2010 at 7:56 am |
  52. Pauly

    If marriage is such a "sacred institution established by God," why do so many spouses commit violence, murder, adultery & so many other acts against their spouses? Why do so many others end up in a court of law w/ spouses fighting each other tooth & nail over a few material assets?

    Many of the same arguments being made against gay marriage were used when denying interracial marriages. The govt can't deny any group the rights that other citizens have. Why can't you all understand that simple fact?

    August 5, 2010 at 7:54 am |
  53. Dan

    Can someone in the homosexual world tell me how sex happens?
    I whole heartedly agree with Richard.
    This ruling tells me the judge had NO regards for the MAJORITY of people in California. What's next?
    Because you don't agree with someone, you can shoot them legally?

    August 5, 2010 at 7:47 am |
  54. Ronny

    Noticed how you totally disregarded what I said... but whatever – typical of your kind.

    Why have citizenship for anybody? Why have borders then?

    As we are constantly told by Barry Obama we are a nation of laws but lets reward those that have violated the law so that their kids can be Americans. Let's throw out all laws and everybody just do as they please. All people in prisons across America should be instantly released because laws don't mean anything anymore. There is no such thing as crime in America.

    August 5, 2010 at 7:46 am |
  55. Pauly

    The 14th Amendment of the US Constitution, in part,:

    All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

    How do you "clarify" something that is stated so clearly?

    August 5, 2010 at 7:43 am |
  56. Barbara Ann Cooper

    PS Dan:

    Who do you think is allowing this Civil Rights movement of the 21st century to occur?

    Our nation is slowly but surely doing the right thing, and state by state growing up and allowing gay people their equal rights BECAUSE God is allowing it to happen! HE wants this! He wants our country, based on Christian principles, to practice them by not discriminating against gay people or treating them like second-class citizens. He wants us all to practice concepts of tolerance, equality, and the opportunity to have the same, equal moral and legal commitment of marriage.

    Without legal marriage, gay people are either forced to 'live in sin' (as it used to be defined) or settle for a second-class Domestic Partnership which isn't the same as legal marriage, and doesn't have all of the same legal protections and benefits. Thus being forced into second-class citizen mode, and lacking basic Civil Rights that the rest of us take for granted. Do you really think God wants a world with discrimination, and lack of fairness and compassion? I think not!

    Taking away Civil Rights and the chance to have a moral and legal marriage commitment goes against Christian principles, not the other way around. God is allowing this to happen because it is our time as a nation. He wants us to learn to love one another, and treat each other with love, fairness and compassion. These ARE Christian principles.

    Gay people want the same legal, moral, spiritual, and ethical marriage commitment as everyone else. I am sure that pleases God a great deal.

    How can you honestly equate the Gulf Oil Spill with Gay Marriage? That is irrational. There is a reason gay marriage is finally happening in the United States, because God wants it to and because it is what God knows is the right thing. Love thy neighbor as thyself. We are ALL created equally under the eyes of God. He wants all his children to have the same chance for love and happiness. Discriminating against any one group of people, and taking away their fundamental Civil Rights to marry is not something God would want for his children. He is simply righting a great wrong during this period of American history.

    No need to threaten large natural disasters in CA. Many other states already have legal marriage, which is part of His plan. God would not punish a state for doing the right thing under His eyes, and treating gay people with the respect and equality they deserve. He wants that. He loves them just as much as he loves us all.

    August 5, 2010 at 7:42 am |
  57. Arthur

    I'm a 43 year old gay man who also happens to be black, born and raised in the deep south. For those individuals who are still in denial, Black or White, that try to convince themselves that our gay marriage rights struggle is somehow not a civil rights issue in the same way that the interracial rights to marry struggle was back in the sixties, I'm here to say as a man who has experienced the awful pain of discrimination based on both my race as well as my sexual orientation that it is indeed most certainly an issue of civil rights and basic human equality. I am uniquely qualified to make this point having experienced both nightmares first hand.

    August 5, 2010 at 7:40 am |
  58. Richard-FL

    The 14th Amendment guarantees the freedom of life, liberty, and the pursuit of happiness, yes. It does not guarantee the freedom of anybody of any stance to do anything, just because it feels good!

    The Equal Protection clause in the 14th Amendment does not mention marriage at all yet we assume that pursuit of happiness is being able to marry.
    Well, what ever happened to man and woman marrying? There is no prohibition against being happy and there is no prohibition against being gay, just that gays cannot marry. Marriage is a sacred institution established by God and it should remain sacred and be between a man and a woman as Jesus said and as God intended.

    I pray for our nation! First we allowed abortion, now gay marriage! What next?

    August 5, 2010 at 7:38 am |
  59. Robert

    i ment should not be telling anyone else what to do when they can't even keep a marriage going.

    August 5, 2010 at 7:35 am |
  60. Leni

    Marriage may or may not be in the Constitution but the Equal Protection clause is…..If straight couples can enjoy full rights through the status of marriage, then same sex couples SHOULD! It is an injustice not to and “Injustice anywhere is a threat to justice everywhere” – MLK

    August 5, 2010 at 7:35 am |
  61. Pauly

    Repealing or "clarifying" the Constitution to make it read what you want it to is throwing the whole Constitution into the trash!!! It's pretty clear that all babies born in & under the jurisdiction of the US are citizens!!!

    August 5, 2010 at 7:33 am |
  62. Ronny

    Please show us proof that the average marriage last 5 or 6 years. You can't but you can (and do) make up homemade statistics in a weak attempt to "prove" your spew.

    August 5, 2010 at 7:33 am |
  63. Martina from Florida

    The Judge made his decision based on the Ninth Amendment..
    "The Supreme Court is bound by a common sense guide when interpreting the fundamentals of the rights covered by the Ninth Amendment. They have in some cases used the Ninth Amendment to their advantage, declaring actions of the people as natural, unenumerated rights, like the right to abortion in Roe v. Wade. Others, Supreme Court judges among them, have argued that the Ninth Amendment simply prohibits the denial of rights not mentioned in the first amendment. It does not, argued Antonin Scalia in 2000, give judges the power to determine what these additional rights are." (quoted from WiseGeek) ..

    This Judge upheld his duties without prejudice... people do your homework.... you cannot impose your personal views and wishes on others....Wow! look at what's been going on throughout history and around the world today.... wars over Religious views?!!!! When will we all just get along and love each other.....have a Coke and a smile!

    August 5, 2010 at 7:32 am |
  64. Barbara Ann Cooper

    I live in San Diego. I am excited and thrilled that Proposition 8 was overturned yesterday. It's a day I have been waiting for ever since this proposition originally passed. Justice has finally prevailed, and gay people are being given back their just rights as American Citizens.

    Prop 8 was unconstitutional legislature that took away basic Civil Rights from millions of Californians. It was also founded on a lot of mis-information and scare tactics, and significantly funded by large organized religions that are against gay marriage.

    So yesterday's decision was amazing to me. Finally, justice has been done (again) and equal Civil Rights are being given back to ALL Americans, not just heterosexual ones. As it should be.

    Something as critical as Civil Rights for millions of Californians should never have been put to a popular vote, especially with California's history of low voter turnout at elections.

    This Judge made the right decision. ALL Americans deserve the same, equal, basic, fundamental right to legally marry regardless of sexual orientation. A huge wrong has been made right.

    I hope this does go all the way to the U.S. Supreme Court, and sets a legal precedent that will pave the way for equalized Civil Rights for all people throughout our country, gay or straight. Despite our California war being long and contentious; it may serve a purpose in bringing this critical issue to the Federal level, and providing equal Civil Rights for all Americans across our entire Nation.

    Let Freedom Ring! Finally gay people are being treated equally to heterosexuals. My wish is that this will ultimately result in permanent legal gay marriage not only here in the state of California, but across our entire country.

    August 5, 2010 at 7:31 am |
  65. Ronny

    Whatever happened to the will of the people and majority rule? It was put to the people and voted on. Does this mean anytime something is voted on the results can just be disregarded by the people?

    August 5, 2010 at 7:30 am |
  66. Dave

    So.... I wonder if the judge himself will want to get married ( since he is gay ) why didn't John Roberts mention his gayness so far this morning.

    August 5, 2010 at 7:30 am |
  67. Peter

    It's about time. The majority does not have the right to vote away the rights of a minority. This is a country of freedoms with a separation of church and state. Many of those who call themselves "Christians" display such fear and hatred that contradicts all the teachings of Christ. We are dealing with wars, a poor economy and environmental disasters. GET A LIFE! If people are happy, leave them alone.

    August 5, 2010 at 7:29 am |
  68. Pauly

    If you believe the Almighty is the ultimate judge, why are you judging others? The problem w/ you self-righteous hypocrites is that you want everyone to conform to your beliefs. You admitted you are a sinner so don't throw stones. Repent!!!

    August 5, 2010 at 7:28 am |
  69. Ronny

    The Federal Judge wasn't elected to his position. He was "appointed" – therefore he doesn't care what the people of California think. Nor can he be removed by a petition signed by the people.

    August 5, 2010 at 7:26 am |
  70. Tom-Vermillion, Ohio

    @Ronny, your comment indicates that Wikipedia does not make an honest attempt in providing factual information. In fact, I have found errors or somethings that appear to be untrue. I have found most of those errors 'repaired' at a later date. I admit that I also check out Wikipedia when checking out factual info on the internet bacause it appears at the top. I do this for a quick check. If I see something 'odd', I then go farther to varify for myself from a variety of sources. My question to you is, if Wikipedia is NOT reliable, then who IS reliable on the internet? An individuals personal web page? Rus Limbaugh? Fox News et al? A politician? A preacher? A rabbi? A muslum cleric? Osama bin Ladin? Tea Party? Republican Party? Democrat Party?

    August 5, 2010 at 7:26 am |
  71. el

    I cannot fathom anyone not be able to commit to marriage with someone you love, based on your gender. Europe,Canada, South America, and Africa. allows same sex marriage, it is acceptable there, it should be acceptable in the US too.

    August 5, 2010 at 7:26 am |
  72. Dan

    I absolutely beleive in "love thy neighbor". I love all, but I hate the act. The almighty loves all. The bible states God "hates" homosexuality. So, you can love people and hate actions.

    August 5, 2010 at 7:26 am |
  73. Dawn Reaves

    I am elated with prop 8 ruling! Using the equal protection clause is an argument I have personnally been making for about five years.

    Elated in Texas!

    August 5, 2010 at 7:26 am |
  74. Robert

    I'm not sure why straight people are against gays getting married. The average straight marriage only last about 5 or 6 years. APPARENTLY they don't care too much about marriage and should be telling any one else what to do when they can't even keep a marriage going.

    August 5, 2010 at 7:24 am |
  75. Stephen Valentine

    What is the big deal over gay marriage being able to be recognized by the government. It's not as if the gov't is requiring that they be married in churches and what not nor is it forcing every Christian denomination to allow these marriages in the church. They're allowing for a marriage license to be given to gay couples so that they may legally receive the benefits of marriage, just like they have the ability to have children, adopt in some cases, and other rights. It's a sad day when the country discriminates based upon religious beliefs and expects a government that is supposed to be based upon freedoms of choice.

    August 5, 2010 at 7:23 am |
  76. Ronny

    How many Democrats support the repeal and/or clarification of the 14th Amendment? Apparently it isn't just the GOP.

    August 5, 2010 at 7:21 am |
  77. Dan

    Pauly, obviously you don't understand there is a higher judge than the 14th amendment. The Almighty.
    I, as a Christian, am to live according to his word. His word states marraige is between a man and woman. Period, end of story.
    I am no better than anyone else. I am a sinner, but I have put my hope and faith in JC. I have a relationship with him, not a religion.

    August 5, 2010 at 7:20 am |
  78. Pauly

    Dan, you obviously don't believe in "love thy neighbor"!!!

    August 5, 2010 at 7:13 am |
  79. Dan

    One day the Almighty's patience WILL run out, and this nation will feel his WRATH. Let's keep thumbing our noses at him, and one day, whether this immoral nation wishes to beleive it or not, he will unleash his ANGER (WRATH) on us.
    Wow, this Judge has NO respect for the people of the state. Pretty bold.
    If I were a citizen of California and voted for the sanctity of marraige between a man and woman, I would start a petition to have this judge removed from the bench.

    August 5, 2010 at 7:12 am |
  80. Pauly

    The 14th Amendment's Due Process Clause prohibits state and local governments from depriving people (individual and corporate) of life, liberty, or property without certain steps being taken. This clause has been used to make most of the Bill of Rights applicable to the states, as well as to recognize substantive rights and procedural rights.

    Its Equal Protection Clause requires each state to provide equal protection under the law to all people within its jurisdiction. This clause later became the basis for Brown v. Board of Education (1954), the Supreme Court decision which precipitated the dismantling of racial segregation in the United States.

    No wonder the GOP wants to repeal it. They think that the US Constitution only applies to rich, white, heterosexual Christians!!!

    August 5, 2010 at 7:10 am |
  81. Dan

    Pauly, you are absolutely right. The pursuit of LIFE: Abortion doesn't give the poor innocent babies slaughtered a chance at LIFE. In your sentence, LIFE comes FIRST.
    Thanks for reminding us of this great simple truth.
    No matter how we look at it, Homosexuality is wrong. Maybe because we as a nation decide to thumb our noses at the almighty, this is why the gulf oil disaster happened.
    I would not at all be surprised that in the next few months California will experience some sort of "natural" disaster (i.e. the almighty trying to get their attention).

    August 5, 2010 at 7:06 am |
  82. Ronny

    So... anybody can do as they please – if it is in the "pursuit of happiness"?

    As the old saying goes ... watch what you wish for – you just may get it.

    August 5, 2010 at 7:05 am |
  83. Pauly

    "Life, liberty, and the pursuit of happiness" is one of the most famous phrases in the United States Declaration of Independence, and considered by some as part of one of the most well crafted, influential sentences in the history of the English language.

    August 5, 2010 at 6:57 am |
  84. Ronny

    Yeah... Wikipedia is the most reliable source for information....lol.

    August 5, 2010 at 6:54 am |
  85. Terry Marvin

    Thursday, August 5, 2010–5:45 am CST

    Morning,

    I just checked the Wikipedia. And read about President Obama. It said
    was very much born in the United States. He was born in Honolulu, Hawaii. He is defendantly a United States citizen. People need to quit
    listening Rush Limbough.
    He is just racist, so are the Republicans.

    Sincerely,

    Terry

    August 5, 2010 at 6:52 am |
  86. Ronny

    So.. everybody can now do whatever it is that makes then "happy'?... 'Tis a slippery slope we travel on.

    August 5, 2010 at 6:51 am |
  87. Martina from Florida

    “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. ” Per James Madison, 1791.....

    The judge apparently read the Constitution, too!

    "It assures people that there are rights that members of a free society are entitled to, although neither Madison nor any of the other founding fathers ever stated just what they thought these rights were. Some people believe that they include the so-called natural rights including life, liberty, and property, or the right to pursue happiness."

    August 5, 2010 at 6:43 am |
  88. Dan

    My prediction is there will be a major earthquake some where in California in the next year.
    Marraige, whether individuals or states want to acknowledge it, is a sacred union between a MAN and WOMAN. That is the way God created us.
    One day, we will all depart this earth, and whether gays wish to acknowledge it now or not, they will HAVE to stand before the almighty and explain to him why they thought their ways were better than his creation. I would not want to be in their shoes.

    August 5, 2010 at 6:36 am |
  89. Sahil Mehrotra

    True separation of powers means that the "sanctity of marriage" shouldn't matter in a court of law.

    August 5, 2010 at 6:33 am |
  90. Randall of Texas

    The Republican Party is now currently in the process of eliminating the lobbyist that cater to the super rich. With Judge Roberts rulingat the Supreme Court that companies can give unlimitred amounts direct to the campaigns the Republicans are now telling corporate America that they will hire campaign directors to lie to the voters through the likes of CNN, Fox, and networks and when elected we will do your bidding.

    Buy ammuntion...

    Our press has let America down with all the weak sister reporting. They can't even show dailt war footage daily. We are murders but Chetry you guys got your luxury and court-side tickets to worship.

    Has it ever occur to any of the rich guys they haven't fought for their freedom? Bush ruined America...And Obama sold us out to the Insurance company and now sets around their fires...

    August 5, 2010 at 6:30 am |
  91. Jamiee Clark

    I am thankful that this judge saw this issue for what it is and that it an equal rights issues. The people who are against gay marriage are letting their religious views influence their choice to support gay marriage. Gay marriage has nothing to do with religion it has to do with constitutional rights and according to our constitution we are all entitled to them regardless if you are gay or straight. The head of the Defense of Marriage last night made a comment that because gays cannot pro-create they should not be allowed to get married. That was a very ignorant statement because there are a lot of heterosexual couples that are unable to pro-create so essentially she is stating they should not be allowed to get married either. People who are against gay marriage more than likely are the same people who are against interracial dating, and anything that is a bit different. We are the United States of America and yet we are far behind many other countries that have made gay marriage legal. If people are worried about gays ruining marriage then they should really take a look at straight marriage and the people who marry and divorce numerous times. That does more damage to marriage then any gay couple that gets married. Yesterday was a huge step to creating equality for this country we just have to hope the Supreme Court feels that every person is created equal therefore, making gay marriage legal.

    August 5, 2010 at 6:30 am |
  92. Tim Hendon, Hammond, LA

    I applaude the federal judge for ruling that Prop 8 is unconstitutional. The judge realizes that the Founding Fathers intended civil rights to be for all Americans. At NO POINT did the Founding Fathers debate the issue of homosexual or lesbian relationships when the Constitution was written and ratified.

    There is concrete proof that some of the Founding Fathers and former members of Congress and even former Presidents have either had same sex experiences or same sex relationships. One example was President Abraham Lincoln. Before becoming President, Lincoln in the back room of Joshua Speed's store in Illinois. After becoming President, Lincoln was known to have the commander of his personal protection (pre-secret service) often spend the night when Mary Todd was away and the two slept in the same bed.

    Another example if President James Buchanan, who was the only President that was never married; however, Buchanan had a 14 year live-in relationship Senator Rufus King (KY) prior to moving into the White House. Buchanan would often sign his letters to King, "forever yours".

    This ruling in the CA federal court has wide reaching implications and can be the cause of other states' constitutional bans being dismissed. I am praying that the CA ruling will set precedent and the LA constitutional amendment that was pushed by Tony Perkins that banned same sex marriages will also be on the way out.

    Perkins who is a conservative religious lobbyist has touted the Bible and what God has wanted. In fact, the Bible was NOT written by God.

    August 5, 2010 at 6:29 am |
  93. tony from va

    This is a small victory for us but we still have a long way to go.

    August 5, 2010 at 6:26 am |
  94. Jesse

    I keep hearing that marriage is between a man and a woman for the purpose of creating a child. I wonder if the Anti-Gay Marriage group will ban marriage for those men and women who want to get married but do not want children? Or what about say two elderly people, say 65 years old who want to get married? They probably can't have a child so should they be aloud to get married? Marriage is about love.

    August 5, 2010 at 6:21 am |
  95. Wendel from Ohio

    I don't recall marriage even mentioned in the constitution. This is another liberal attempt to ruin the sanctity of marriage in the church.

    August 5, 2010 at 6:20 am |
  96. Pauly

    Too late. Another media network(?) already made that claim several times yesterday. Can you guess which one?

    August 5, 2010 at 6:17 am |
  97. Sahil Mehrotra

    I personally believe that the judge made the right decision. If we truly have a country with a separation of church and state, then if people want to have same sex marriage, then it is their decision. It's not the right of the government, or any person for that matter, to infringe upon.

    August 5, 2010 at 6:09 am |
  98. Matthew Hall

    It is time for the American people to simply accept that marriage between 2 adults should be legal regardless of gender or sexual orientation. This country has a long history of oppressing individual groups for not conforming to the "status quo" and Proposition 8 is an unfortunate example of a religious backed movement forming political opinion and laws. Separation of church and state was created for a reason and I truly hope the truth of the constitution can be found amongst the cloudiness of religious rhetoric.

    August 5, 2010 at 6:09 am |
  99. Ronny

    Good Morning CNN!

    I guess the will of the people and majority rule means nothing when some judge's opinion means more than the peoples.

    Takes weeks for Barry Obama to react to the oil spill but when the report that says 75% of the oil is gone – he is the first one making noise about it. Does anyone believe the oil is gone? Barry will be using that as a political spew to "prove" he is on top of it. Anybody that trusts anything Barry Obama needs to be committed.

    August 5, 2010 at 6:08 am |
  100. Autumn Meadows

    I am waiting for the first person who does NOT understand the concept of separation of church and state to say this was judicial activism.....and GO!!!! yeah.. for social equality!!! especially of sinners!!! LOL

    August 5, 2010 at 6:01 am |
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