[Ed. Note: Teddy will be on the Nicole Sandler show at the top of the hour (3pm PDT). You can find the stream at Sandler's site.]
As was expected given the extraordinary lawyering and presentation of the facts on the case by Plaintiffs’ Counsel, as well as the clues aptly summed up by Bmaz last night, Judge Vaughn Walker ruled today that California’s Proposition 8 violates the civil rights of same-sex couples to enter into the fundamental American right to marry.
This case will surely be appealed to the Ninth Circuit Court of Appeals, should the rubes who fund the American Bigot-Protectors of Opposite Marriage cough up the money to pay a set of appellate attorneys to provide a new rationale for denying American couples to right to marry. Surely we can expect to see the So-Called Liberal Media parade out the leaders of the Opposite Marriage Brigade (Andrew Pugno, Brian Brown and Maggie Gallagher) to appeal for fundage to fight the secularity newly infecting our body politic.
Public airwaves victimhood might even extend to bishops of the Minding-Others-Business LDS (Mormon) church and the “Moral-Authority-What-Moral-Authority?” child predator protectors of America’s Catholic hierarchy as well. Every perceived setback is a chance to raise money from folks whose marriages are now direly threatened, of course.
This decision may be stayed pending appeal, in fact the Defendant-Intervenors (losers today, how’s it feel, Andy Pugno?) late last night filed a motion to halt implementation of the ruling. After all, Andy’s team is so considerate of the couples whose relationships solemnized under a court ruling sure to be challenged would be in the same limbo as the folks married under Gavin Newsom’s illegal 2004 Winter of Love in San Francisco. And we all know how much the bigots and haters care about the feelings of the newly limbo-ized gays and lesbians: the feelings and marital status of people they couldn’t avoid calling harmful to children during their religion-based and animus-driven campaign to strip marriage rights are now suddenly their primary concern?
I don’t think so, Pugno.
So, yes — victory. But as people celebrate everywhere tonight, please beware. Hate is strong. Sing out, Louise, but be mindful: nothing brings out the wackaloons like a perceived threat to their sexual authority. And, apparently, two dudes kissing — and, horrors! marrying — makes some heteronormative zealots very uncomfortable. Hate may not have prevailed today, but we can certainly count on its being around for a while. Stay safe out there, people: there’s nothing like a successful victory for freedom to bring out the bashers and haters lurking in the underbelly of the American psyche.
We won! For now. Celebrate peaceably and warily, though, you freedom-loving Americans everywhere. Show love when hate is turned your way. Provide to America an example of what’s best about first-class citizenship. We’re surely one more step in that direction today.
And thanks to each and every one of you — readers, commenters, lurkers, and donor/sponsors alike — for your support of the Firedoglake team’s coverage of this trial. I’d like to thank David Dayen, egregious, Emptywheel’s bmaz, Brian Sonenstein, Marcy Wheeler, Michael Whitney and all the backstage cast and Mod Squad crew for all their spectacular efforts this year. It’s been a long road, and none better to travel it with than all of you.
And to Jane Hamsher, who made up FDL in her head — thank you, dear friend, for allowing us a place to make this all happen.
Victory is ours!




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For my daughter and all who have waited and worked for marriage equality: WOOHOO!!!!!
Hey Teddy! I bet you have a shit-eating grin on your face right now!
FREEDOM!!
Freedom for all. No matter who or what you are!!! Equal Protection Hooray!!!
Repeat but worth saying!!!
“An initiative measure adopted by the voters deserves great respect. The considered views and opinions of even the most highly qualified scholars and experts seldom outweigh the determinations of the voters. When challenged, however, the voters’ determinations must find at least some support in evidence. This is especially so when those determinations enact into law classifications of persons. Conjecture, speculation and fears are not enough. Still less will the moral disapprobation of a group or class of citizens suffice, no matter how large the majority shares than view. The evidence demonstrated beyond serious reckoning that Proposition 8 finds support only in such disapproval. As such, Proposition 8 is beyond the constitutional reach of the voters of their representatives.
p 24 (my emph)
Top three twitter topics right now in the USA: Marriage Ban Overturned, Been Ruled Unconstitutional, and Declared Unconstitutional. Also on list: Proposition, Judge Walker, and Equal Protection. Six out of ten top topics!
Hope ya don’t mind Teddy:
NORCAL/Bay Area pups I am still trying to get enough bodies to make hosting a Meetup here in Redwood City. What better way to celebrate than to make it to a FireDogLake Meetup!!! We can celebrate this landmark ruling..
RSVP nahanter at the google mail spot…
There are only 4 Pups so far so why not add your name??? Be there!!
Donation appeal from the American Foundation for Equal Rights, Board President Chad Griffin:
Congratulations to you Teddy and freedom loving people everywhere. Discrimination is the antithesis of all this country can, should, and WILL one day represent.
Not at all — let me chime in and say these meetups are LOTS of fun, if you haven’t been to one please consider going. Bonus: nahant’s great chili!
Until it gets to the Roberts court.
Congratulations, Teddy. Much hard work is paying off today. There still is much more work to do and we have to hope the curmudgeons on SCOTUS don’t become activists and overturn a very well-crafted decision by Judge Walker.
I hate to be a wet blanket but that “all” does not include transgendered Americans, nor is it likely to in the foreseeable future.
Hey Teddy,
Helluva time to move to PDX. But I’m sure they will be celebrating all over the NW neighborhood.
I predict a 5-4 decision. Taking a long shot chance here.
Ah, Jeez, Teddy, your post made me tear up. You! And, it’s not even beer o’clock yet.
I’m still going to refrain from making predictions. The only thing I’m certain of is that intolerance is ubiquitous and surprising in it’s tenacity.
Sounds like Walker’s allowing a stay. Damn.
It’s beer o’clock on the right coast. Celebrate as if . . .
Margaret — Squeeze out that blanket and celebrate while you can. I don’t have all the details of who you are, but you know I have a strong affection for your brain and your heart. C’mon, hon. Party a little? Little smile? You know you want to. Don’t make me get out the puppet.
Given Time Margaret it WILL! There is still a long way to go but surely you can celebrate one large Victory on the way… Patience my friend Peg ☺
Where’d you hear that? I heard he was disinclined to do so.
I didn’t say in which direction, just a 5-4 vote. It seems to be what they do now. Don’t see that changing any time soon.
watching CNN—not a fact yet, but that’s what I heard.
Today we celebrate victory in battle, tomorrow the war continues.
And will continue for our lifetimes and longer. The struggle against ignorance and intolerance is eternal, it cannot be defeated, only driven back.
Yippeeeeeee! What a great day!
the legal beagles are going to fly down to W. Hollywood to make a statement when their done in SF. They are setting up a stage at some reknowned bar.
We can even guess at least four votes: Roberts, Thomas, Scalia and Alito, will be anti equal rights. That’s as far as I’m willing to predict.
Apparently, Judge Walker has issued a stay pending appeal and will hear arguments, due to him on August 6th.
I’m reading both that Walker is issuing a stay and that he is not… Any concrete news?
I agree and I will celebrate for those this ruling will effect in hope that someday this simple foot soldier won’t be ultimately forgotten.
yep.
Okay, I was on MSNBC and it was said that Walker didn’t want to do that. Also heard from Joan Walsh, same shoe, that SF City Hall was getting ready to do weddings. Maybe too soon to tell what’s actually going on. We’ll find out, though, won’t we?
(Hope all is well in your world.)
thanks… those few minutes felt great
I’m on vacation so all’s well! At least for the next 3 weeks.
….and the hatred and intolerance wins even in defeat. Crap.
Well, then. That’s something. Rats.
bmaz has the details on the stay over at Emptywheel:
So there is a stay until Walker rules on the motion to stay pending appeal (in October) and the argument against that motion. He’s only giving two days for them to get that paperwork in order so that the October ruling can happen.
Lots of people talk about freedom. Some actually know what they are talking about. Happy news.
BRAVO! BRAVISIMO!
Hope you’re feet are up and there’s a cold beverage in your had.
He’s issued a stay until 8/6. It’s part of his ruling.
Polite of him to do that for the D-I’s, as he could well have ruled that there was so little chance of them prevailing on appeal that a stay wuld serve no purpose.
Boxturtle (But he only gave them until Friday)
Your point about transgendered Americans was correct. We need to end ALL forms of discrimination NOW. The long accepted notion that every American is equal but SOME are more equal than others is an abomination.
Live presser right now:
http://www.equalrightsfoundation.org/press-conference-live/
I will be on the Nicole Sandler show at the top of the current hour to discuss the ruling.
I believe this is her current website:
http://RadioOrNot.com/
MSNBC isn’t very good at the details of legal rulings, and hasn’t been for a LONG time. Their “reporters” misreported the CA Supremes ruling, saying that the 18,000 marriages had been invalidated. They also momentarily misreported Bush v Gore as it happened.
So take what they, and Joan Walsh, say with a salt shaker.
The stay, as I understand it, is in place until Walker decides after reading arguments regarding it, on Thursday.
I think he’s giving them too much benefit. They couldn’t present any credible reasons why same sex marriage should be against the law in the months and years leading up to this trial. Why does he believe that they are going to find rational reasons in the next two days?
bmaz is hopeful that the 5-4 will swing in our direction. He talks about Kennedy and his penchant for “fair v. not fair.” Worth a read.
well i for one am pleasantly surprised! now maybe we can accomplish the same thing here in NJ.. as an aunty who’s raising my lesbian niece after her mom threw her out this makes me try harder for her to have her full rights and privileges……..
You’re agreement with Margaret is of course correct, but, I know a lot of really ignorant and heartless people, so I’m just trying to be real for a moment. I spend so much of my time in idealogically perfect land.
I still like to light a candle, instead of cursing. We all live in the rooms we fabricate.
Walker is nothing if not “fair.” He wants to make sure that he does everything ultra properly so that his work doesn’t get overturned on appeal. He’s being careful. Not a bad thing, I think.
I like emptywheel’s point that Roberts will have to rule against himself as an adoptive parent to overturn this. http://twitter.com/emptywheel/status/20333104244 and http://twitter.com/emptywheel/status/20333168466
Oh, I’m sure he doesn’t expect that they’ll suddenly come up with a case. He’s just being very careful not to be overturned or have a higher court issue a stay. This way, in the unlikely event the D-I’s actually make a point, he can modify his ruling to cover it.
Boxturtle (Or he may want another chance to crush them, as they’re still kicking. A little)
Not yet, but the right idea. Now what shall it be? A stinger? Lillet on the rocks? chilled rosé? Rum +?
Decisions, decisions. It must be something festive, though. Don’t have any chilled bubbly at the moment.
Yes. And, I prefer seasoned salt, but in this instance, it’s one of the few things I do liberally.
Still, it’s a victory, don’t you think, Teddy? There was a time when this was not even discussed in fucking polite society.
Thanks BT… can’t get to the ruling… internal server error message.
Maybe. Like I said, I find it unlikely that the Prop H8 people are going to be able to come up with legitimate reasons for a stay so I suppose two days is okay. I’m still going to open my champagne. :)
{{{ Juslin }}}
I thought about buying a bottle of champagne earlier when I was out, but didn’t. Might have to make a run.
Carpe Le Partee. Why not?
Or the prisons society fabricates for us.
Okay, I’ll put the puppet back in her box. Good for you, babe.
I think it’ll be 6-3. Thomas, Alito, and Scalia.
And we MIGHT get Scalia.
Boxturtle (But the dissents will be frightening reading)
Supervisor and Mayoral candidate is supposedly trying to marry a couple at SF City Hall right now, per a questioner at the press conference. Per Olson, there is a stay. They will submit arguments by 8/6 on the stay being permanent pending appeal.
How long does it take to chill a bottle of bubbly in the freezer? I just brought one up from the cellar. Anyone?
Or play the role in the play someone else wrote the script for. dangling participle?
Maybe, I get the puppet back out of the box and make her play the role.
I’ll let you know as soon as mine cools down. ;)
I’m making that run. brb. We’ll prolly be talking about this for a bit off and on, yes?
Oh, and while I’m at it, should I buy Walker a bottle too?
I would find it hard to see Roberts not siding with the other 3. Not that I know anything, IANAL, but Roberts is such a prick I can’t see him standing on the side of love.
That reminds me, I ought to put on my SSL T-Shirt.
Clarence Thomas for sure but I add Roberts to that list because I believe he’s a self loathing closet case. Just my .02
Salut, Teddy!
and chocolates. And roses.
If you want it to cool faster, put it in a bowl of ice, then heavily salt the ice.
Should take about 15 minutes.
Boxturtle (Or you can just whack the top off, chug it and wait for the next bottle to cool
You’re right. I might be gone for a little while. :)
Hadn’t thought about that, but I believe you could have a point there.
Interesting how it’s the old timers on the thread, huh?
He wouldn’t be siding with love, he’d be siding with his prior ruling. If he’s going to overturn Walker, he’s going to have to overrule himself.
Boxturtle (I’d like to be the one closest to his house selling Tums)
heyyyyyy petro!
always lurking but rarely commenting but this ruling is sooo welcome!!!!
Waiting for a call to go on Nicole Sandler’s show.
Listen here: RadioOrNot.com
Hey, 66 ain’t old. *g*
I don’t know that he is self-loathing, it’s just that like nearly everyone in power these days he thinks those of us who aren’t rich should shut up and be content with the meager scraps which fall from their tables.
I don’t believe it unusual for
conservatives, right wingers to turn themselves and their ideas into pretzels if need be to uphold their bigotry. Who’s going to challenge him on being a hypocrite and why should he care?Uh, Teddy,
“secularity”, NOT a word. You made it up. That’s what I expect of folks like Palin (i.e., “refudiate”), but not of progressives, we already have an English language w/over half a million good words…otherwise, thanks for the commentary.
As I stated yesterday, the right wants to repeal the 14th Amendment not just to deny citizenship to brown folks born here, but to deny due process and equal protection under the law to gays, too.
That’s what the basis of this ruling is, just as in the inter-racial marriage ruling of the 60s. The only question is whether the new Court will uphold the 14th.
In reply to juslin@47, this ruling, if appealed to, and prevailed at, the Supreme Court will become the law of the land, i.e., that it’s in violation of the US Constitution, and therefore relevant to ALL states, as in Brown v Bd of Ed, or the racial marriage issue mentioned previously.
yes and let the corporations do our thinking cuz ya know they truly have our best interests at heart ;o)………
Just the sort of thing I would expect an ancient mariner to say… “g”
of course I mean the long suffering and long agitating fire dogs, them of us that’s been around for years.
And even if they don’t have our best interest at heart, serfs are an expendable resource.
thanks for that aside – as you can see i am not a lawyer or have lawyerly thoughts lol
“Few men are willing to brave the disapproval of their fellows, the censure of their colleagues, the wrath of their society. Moral courage is a rarer commodity than bravery in battle or great intelligence. Yet it is the one essential, vital quality of those who seek to change a world which yields most painfully to change.”
Robert F. Kennedy
Thank you Vaughn Walker, for being an agent of change for the good of humanity for the world.
sad but true in this Amerika……
Teddy is so totally rocking this radio interview
It is an ancient mariner,
And he stoppeth one of three,
“By thy long grey beard and glittering eye,
Now wherefore stopp’st thou me?
The bridegroom’s doors are opened wide,
And I am next of kin;
The guests are met, the feast is set:
May’st hear the merry din.”
My favourite poem.
Good point. This looks like it could be for all of the marbles.
DDay has an interesting point. If Jerry Brown wins the gov. office and chooses not to appeal the case, then what?
Agreed.
His adopted child just might.:-)
Boxturtle (At least, it would be an interesting dinner at te Roberts household)
Oh well, we can still dance… Serfin’ Safari
State of California apparently did not defend. So nothing should change
I strongly concur.
Smart move on Walker’s part, assuming this is the correct interpretation (and it sure makes a lot of sense in this case).
And props all around to so many who have worked so hard to change public attitudes, and the law. Congratulations.
a little glitch on the “n’s?”
Perry v. who?
The state did not defend it in court. That’s why you had Defendant-intervienors. They won’t defend in the appeals, either.
I think the state should file a friend of the court brief on behalf of the plantiffs.
Boxturtle (bmaz disagrees for legal reasons. Obviously, Calif’s lawyers agree with bmaz)
Great interview, Teddy. DDay on at end of show. Nicole now trying to get Derrick on. Methinks Nicole likes her some FDL.
Bob claims that he wrote it but then sometimes he likes to talk smack…
LOL. Tell Bob I know he ain’t old enough.
Comparing me to Palin when I snarkily use a made-up word (a la Stephen Colbert’s now-famous and -in-the-dictionary TRUTHINESS) can’t dim my excitement today. Sorry.
I like the word, it meant what I wanted it to mean, and you clearly understood its meaning.
But don’t compare me to Palin; on any other day it would be Off With His Head just like the Red Queen, who also made up words….
For the moment: WOOOOOOO HOOOOOOOOOO!!!! Hooray!!!! And thanks be for some JUSTICE after all!!! Great news; great posts; it’s a very good ruling.
Schwarzenegger didn’t defend the law either, so no change.
Defendant-Intervenors (Protect Marriage bigots, et al) intervened to defend the law in the absence, as they put it, of public officials’ willingness to act in the voters’ express interest.
stay tuned to Nicole’s show for DDay at the end….
Thanks, all, for your support, headed out to enjoy some PDX sunshine (I hear it’s a rarity hereabouts….)
PDX is beautiful in Aug, Sept. and Oct. After that all bets are off and the sky takes on myriad shades of gray.
I lived in Corvallis in the late 70s. We said the west side of the Cascades had two seasons, the rainy season and August.
Definitely need your wellies in the northwest. Keeps your skin moist though.
Congratulations, Teddy. Sorry I come to the party a little late, but my haircut was too long overdue.
Well, something good happened today. Thanks to FireDogLake for helping to make this something good happen.
Considering how dismal things have been for the last 18 months, it’s nice to have this brief reason for celebration.
Sort of a reminder of what that feels like.
Great post, Teddy !! Thank you for injecting caution. Not really for the gay community [ they live there] , but so older, straight liberals don’t start celebrating too early.
I wish we had more Judge Vaughn Walkers to handle our HUGE issues. Then we could achieve a return to basic Civil Liberties. Those are the one’s we’ve accomplished in the last 50 years which are being eroded. Crap. that’s MY lifetime. I refuse to let all that slip away.
I have faith that the Just Say Now campaign will refill the American Political Energy coffers. I believe.
Oh, damn, preview is my friend. I didn’t mean to imply that gays had rights through our recent history of Civil Liberties. I apologize. I know you’ve been cast aside ,consistently, by people who professed to be allies.
I just thought we’d get farther along on understanding our diversity, in my lifetime.