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California Marriage Ban Struck Down

shenna's picture

We are celebrating at the ACLU of MAINE offices today! A federal judge just ruled that Proposition 8, the California ballot initiative banning same-sex couples from marriage, violates the United States Constitution. You can read the decision here:

http://www.scribd.com/doc/35374462/Prop-8-Ruling-FINAL

Judge Vaughn Walker concludes his 135-page decision decisively, saying, "Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional."

Our work is not done. We must continue to advocate for marriage equality here in the state of Maine. This is a huge step forward though in the struggle for full equality. You can read the ACLU press release below.

California Marriage Ban Struck Down

ACLU Hails Historic Decision And Urges Efforts In Other States To Ensure Success On Appeal

SAN FRANCISCO – In a landmark decision today, a federal judge ruled that Proposition 8, the California ballot initiative that excluded same-sex couples from marriage in the state, violates the United States Constitution. The American Civil Liberties Union, the National Center for Lesbian Rights (NCLR) and Lambda Legal filed two friend-of-the-court briefs in the case supporting the argument that Proposition 8 is unconstitutional.

"Today's decision is a huge victory for the LGBT people of America. For the first time, a federal court has conducted a trial and found that there is absolutely no reason to deny same-sex couples the fairness and dignity of marriage," said James Esseks, Director of the ACLU Lesbian, Gay, Bisexual and Transgender Project. "At the same time, we know that this is not the end. In order to give this case the best possible chance of success as it moves through the appeals courts, we need to show that America is ready for same-sex couples to marry by continuing to seek marriage and other relationship protections in states across the country. It's simply not fair, and not legal, to continue to exclude committed same-sex couples from marriage."

In the case, Perry v. Schwarzenegger, Judge Vaughn R. Walker of the U.S. District Court in San Francisco ruled that Proposition 8 violates the Constitution's guarantees of due process and equal protection. The lawsuit was brought by two same-sex couples after Proposition 8 passed in 2008, amending the California Constitution to deny same-sex couples the freedom to marry.

The ACLU is working with same-sex couples throughout the country to secure the freedom to marry by working to pass marriage bills in New York, Rhode Island and Maine and by seeking domestic partnership recognition in Montana, Hawaii, Illinois, New Mexico and Alaska.

The court's ruling can be found at: www.aclu.org/lgbt-rights/perry-v-schwartzenegger-decision 

Employment Announcement


Marriage Coordinator

The ACLU of Maine seeks a Marriage Coordinator to organize a comprehensive advocacy, outreach, and public education campaign to advance protections for LGBT individuals and their families. Click the link above for a full description.

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