Proposition 8

Last year, US District Chief Judge Vaughn Walker ruled there was no evidence same-sex marriages harm heterosexual marriages, and thus California's Proposition 8 is unconstitutional. Since then, Judge Walker, a Republican appointed by George Bush Sr., has retired and revealed he is gay and has been in a long-term relationship for 10 years. (Disclaimer: I worked for Judge Walker in the Summer of 2007.)

As you might guess, supporters of Prop. 8 have filed a motion to invalidate Judge Walker's decision because "given that Chief Judge Walker was in a committed, long-term, same-sex relationship throughout this case (and for many years before the case commenced), it is clear that his 'impartiality might reasonably [have been] questioned' from the outset."

Using logic behind the idea Judge Walker has something to gain if Prop. 8 ended, shouldn't straight-married judges be disqualified too, since, as Prop. 8 supporters argue, gay marriage would imminently threaten their marriages? Implying a straight judge would have nothing at stake seems to undermine the argument for a gay marriage ban in the first place. Not to mention, if a gay judge can't rule on a gay discrimination case, can a female judge work on a sex discrimination case? What about an African-American judge presiding over a race discrimination case?

Despite his sexuality, Judge Walker has found himself on the other side of the gay rights debate. When he was a lawyer, he represented the US Olympic Committee in a suit preventing a San Francisco group from calling its competition the "Gay Olympics." That position, which was considered anti-gay, caused liberals to block his first nomination by Ronald Reagan. Based on the fact Prop. 8 proponents only called two witnesses and failed to convince Gov. Arnold Schwarzenegger and California's attorney generals to defend the ban, this seems less about Judge Walker's impartiality, and more like a last-ditch attempt to throw out Judge Walker's unfavorable ruling. Do you think they have any chance?

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The overturning of Prop 8 has us wondering if Brad Pitt will soon marry Angelina Jolie, since he once said he'd tie the knot when everyone had the same right, Cameron Diaz and Alex Rodriguez spend time in NYC together, and Neil Patrick Harris directs Vanessa Hudgens at a rehearsal for Rent. Watch today's all-new PopSugar Rush!

US District Court Judge Vaughn Walker has ruled that California's voter-approved gay marriage ban violates the US constitution. In his 136-page decision, the judge ruled that Proposition 8 violates both the due-process and equal-protection clauses of the constitution. He wrote:

Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed the evidence shows Proposition 8 does nothing more than enshrine in the California constitution the notion that opposite sex couples are superior to same sex couples.

Almost two years ago, 52 percent of voters chose to change the state's constitution to explicitly limit marriage to opposite-sex couples. Now the state's gay couples will have a chance to marry, like the 18,000 same-sex couples who tied the knot while it was briefly legal in California. If the ruling gets held up on appeal, it will likely invalidate gay marriage bans across the country.

Update: Couples tried to get marriage licenses at San Francisco's city hall until a stay was granted.

After the Supreme Court blocked a plan to broadcast the trial of California's same-sex marriage ban on YouTube, two filmmakers have found a loophole. Using the transcripts and lookalike actors (including Oscar-nominated Tess Harper and 24's Gregory Itzin) to play the judge, lawyers, plaintiffs, defendants, and witnesses, the filmmakers are reenacting the trial of Proposition 8 and posting it on YouTube. While E! tried the reenactment approach with the Michael Jackson trial, the Prop 8 version has a more legitimate if less engrossing feel. It's like C-SPAN with actors — you're glad it's out there, but you don't really want to sit through it. Check it out below.

When it comes to gay issues, President Obama swings both ways. Ignoring what he has or hasn't accomplished yet, even Obama's campaign promises were conflicted. He promised to end Don't Ask, Don't Tell (still waiting), help repeal the Defense of Marriage Act (coming soon?), and he has signed an anti-hate crime bill into law, as promised. But on the issue of gay marriage, Obama said, "I don't" instead of "I do."

Now this presidential position is being used by the supporters of Proposition 8, California's gay marriage ban currently being appealed in federal court. Supporters of the ban have argued in court that Obama's views prove that you can favor "traditional" marriage without being a bigot.

So what would Obama himself say about Prop 8? Well back in Nov. 2008, Obama straddled the issue — saying although he opposed same-sex marriage on religious grounds, he also opposed Prop. 8 because it was "divisive and discriminatory." Seems like Obama could play for either team in the Prop. 8 debate.