National
JUDGE OVERTURNS PROP 8 IN HISTORIC RULING
Activists hail decision as major victory for marriage equality

A crowd at Bravo Bravo Restaurant & Nightclub in D.C. celebrates Wednesday's federal court decision finding Proposition 8, which banned same-sex marriage in California, to be unconstitutional. The decision is expected to be appealed. (Washington Blade photo by Michael Key)
In an historic development, a federal judge in California ruled Wednesday that the Golden State’s ban on same-sex marriage is unconstitutional.
The ruling by U.S. District Court Judge Vaughn Walker in San Francisco said an amendment to the state’s constitution banning same-sex marriage, which voters approved in a 2008 ballot measure known as Proposition 8, violates the U.S. Constitution’s equal protection and due process clauses.
“Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement,” Walker wrote in his ruling.
The order also prohibits “the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8.”
But Walker stayed his own order for an indeterminate length of time at the request of Prop 8 supporters in a separate ruling, pending an expected appeal of the case.
Voter approval of Prop 8 put an end to same-sex marriages that began in California in early 2008, when the state’s highest court ruled that gays and lesbians could not be denied the right to marry under the state constitution.
Same-sex marriage opponents said Wednesday they would take immediate steps to appeal Vaughn’s decision to the Ninth Circuit U.S. Court of Appeals, which could take a year or more to issue a ruling.
Supporters and opponents of same-sex marriage have each vowed to take the case to the U.S. Supreme Court if they lose at the appeals court level, a development that legal observers say could lead to a landmark Supreme Court ruling on same-sex marriage.
Vaughn’s decision Wednesday followed a controversial 12-day trial in January in which he presided over arguments by supporters and opponents of same-sex marriage that drew international media coverage. He ordered a four-month break in the trial to go over a mountain of evidence before resuming the proceedings in June to hear closing arguments.
His 136-page decision released late Wednesday strongly rejected arguments by attorneys supporting Proposition 8 that same-sex marriage harms traditional marriage, procreation and child-rearing, saying those arguments reflect a “moral view” that does not justify a “state interest” in banning same-sex marriage.
“Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians,” he wrote. “The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples.”
He added that “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.”
The ruling drew quick praise from many advocates of same-sex marriage, including Evan Wolfson of Freedom to Marry.
“Judge Walker’s decision will be appealed and litigation will continue, but what we witnessed in the clear light of his courtroom cannot be erased,” he said. “The witnesses, evidence and arguments all demonstrated what we’ve long known: exclusion from marriage harms committed same-sex couples and their families, while helping no one and the unjustified and unfair denial of marriage to same-sex couples violates the United States Constitution.
“The judge’s ruling reflects the growing consensus in courtrooms and legislatures across the country, and around the world, that there is simply no good reason to exclude same-sex couples from marriage.”
Several elected officials, including New York Gov. David Paterson, also applauded the ruling.
“I know that there is a long road ahead in the legal proceedings, but whatever the outcome I believe that the bedrock American principle of equal protection under the law must mean equal rights for gays and lesbians, and that such equal rights must include the fundamental right to marry,” he said. “Today’s decision is one important step in a long struggle, and that struggle must continue until equality is achieved.”
But the National Organization for Marriage, the nation’s leading group opposing same-sex marriage, called the decision a threat to “traditional” marriage in other states.
“With a stroke of his pen, Judge Walker has overruled the votes and values of 7 million Californians who voted for marriage as one man and one woman,” said Brian Brown, the group’s president. “This ruling, if allowed to stand, threatens not only Prop 8 in California but the laws in 45 other states that define marriage as one man and one woman.”
The case, Perry v. Schwarzenegger, was named after Kris Perry, who, along with her partner of 10 years, Sandy Stier, was among two same-sex couples that filed the lawsuit to challenge Prop 8 on federal constitutional grounds.
Paul Katami and Jeff Zarrillo, the other two plaintiffs, have been together for nine years. Neither of the couples married in California during the short window in which same-sex marriage was legal but said they joined the suit to enable them and other same-sex couples to fulfill their desire to marry from that time going forward.
In a development that angered supporters of Proposition 8, California Attorney General Jerry Brown, a Democrat and long-time supporter of LGBT rights, refused to defend the ballot measure on behalf of the state. Republican Gov. Arnold Schwarzenegger chose not to overrule Brown, placing himself in the odd position of being named the lead defendant in the case but taking no action to defend a state constitutional provision.
The state’s decision not to defend the law forced leaders of the campaign to pass Prop 8 to assume the role of defending it in court, with the pro-Prop 8 group Protect Marriage taking the lead.
The American Foundation for Equal Rights, a group created by California gay activist Chad Griffin to challenge Prop 8, initiated the lawsuit at a time when some legal experts and gay legal groups opposed such a challenge.
Lambda Legal Defense & Education Fund was among the groups that considered challenging Prop 8 on federal constitutional grounds to be too risky because the case would likely reach the U.S. Supreme Court, which was expected to rule against same-sex marriage rights.
Support for the lawsuit initially was less than overwhelming within LGBT legal and activist circles. But the initial reservations — at least in public forums — appeared to vanish when American Foundation for Equal Rights leaders managed to pull off what some considered a stunning coup.
The group lined up conservative Republican attorney and acclaimed constitutional expert Theodore “Ted” Olson, a former U.S. Solicitor General under President George W. Bush; and esteemed litigator, law school professor and U.S. Justice Department attorney during the Clinton administration, David Boies, as the lead attorneys for the two couples in the case.
Olson, who had not spoken out on LGBT issues in the past, emerged as a champion for LGBT equality, saying the right to marry for same-sex couples was protected by the U.S. Constitution and should be a fundamental principle in U.S. law.
The two attorneys’ arguments and actions during the Prop 8 trial appeared to dominate the proceedings and prompted many legal observers to conclude that their side came across far stronger than the legal team defending Prop 8.
Olson and Boies argued during the trial, among other things, that Prop 8 violates the U.S. Constitution’s Equal Protection Clause and the Fourteenth Amendment as well as the Constitution’s Due Process Clause by “impinging” on fundamental liberties.
The two also argued that Prop 8 singles out gays and lesbians for “disfavored legal status” and thus creates “second-class citizens.” They also told the court the same-sex marriage ban discriminates on the basis of gender and sexual orientation.
Attorneys Andrew Pugno and Charles Cooper with Protect Marriage presented just two witnesses during the trial. The credentials of both witnesses as experts were challenged by the plaintiffs, and both supporters and opponents of Prop 8 thought the attorneys did a lackluster job of defending the marriage ban statute.
Vaughn, 65, who was first nominated for his federal judgeship post by President Ronald Reagan, became the focus of unexpected publicity when media reports disclosed in February that he’s gay.
Some gay rights opponents demanded he be removed from the case, saying he could not render an impartial decision. Other same-sex marriage opponents said Vaughn’s sexual orientation should not matter but accused him of being biased against the defendants in his procedural rulings during the trial.
LGBT legal groups and public opinion leaders, including newspaper editorials, disputed claims that Vaughn was biased and dismissed calls for him to step down from the case. Some noted that the judge had been criticized during his earlier years on the bench for handing down conservative, libertarian oriented decisions that in a few cases went against gay rights.
Gay rights attorneys familiar with the case said Vaughn’s strongly worded ruling overturning Proposition 8 on federal constitutional grounds lays the groundwork for striking down laws banning same-sex marriage in all states that have them.
But the attorneys noted that the other states won’t be directly impacted unless or until the Ninth Circuit Court of Appeals and the U.S. Supreme Court upholds Vaughn’s ruling. With the Ninth Circuit long considered to have liberal and progressive leanings, LGBT activists and gay rights attorneys believe they have the best shot at winning there.
According to Jenny Pizer, an attorney and same-sex marriage law specialist with Lambda Legal, if the Supreme Court does not reverse a favorable ruling by the Ninth Circuit, either by refusing to take the case or by upholding the appeals court’s decision, laws banning same-sex marriage in the nine states under the Ninth Circuit’s jurisdiction would likely fall.
In addition to California, the states in the Ninth Circuit include Alaska, Arizona, Hawaii, Idaho, Montana, Nevada, Oregon and Washington.
Should the Supreme Court uphold Vaughn’s decision, laws banning same-sex marriage in virtually all states – as well as the federal Defense of Marriage Act – could also be expected to fall.
“The federal Constitution’s guarantee of equal protection and due process, including the fundamental right to marry, need to mean the same thing in every state in the union,” Pizer said.
“The ruling issued today concludes, and we think of course rightly, that lesbian and gay Americans have the same fundamental right to marry that heterosexual Americans have. And they should be able exercise that right to marry.”
Pizer noted that Vaughn cited repeatedly in his ruling two key Supreme Court rulings considered landmark breakthroughs for LGBT rights—Lawrence v. Texas, which overturned state sodomy laws for consenting adults in private; and Roemer v. Evans, which overturned a Colorado ballot measure that banned local jurisdictions within the state from adopting laws prohibiting discrimination based on sexual orientation.
“The Roemer decision affirmed the liberty rights of gay people, which is at the center of the freedom to marry the person that you choose,” Pizer said.
She said the Lawrence decision, written by Supreme Court Justice Anthony Kennedy, established that “traditions and moral beliefs alone do not justify maintaining a discriminatory system.”
Speaker of the House Nancy Pelosi (D-Calif.), the American Civil Liberties Union, People for the American Way, and Judy Shepard, mother of gay student Matthew Shepard, whose murder in a 1998 anti-gay hate crime drew attention to LGBT rights, were among those praising Judge Walker’s decision.
The White House released a brief statement on the Prop 8 decision through spokesperson Shin Inouye.
“The president has spoken out in opposition to Proposition 8 because it is divisive and discriminatory. He will continue to promote equality for LGBT Americans,” the statement says.
Rep. Tammy Baldwin (D-Wisc.), who is lesbian, appeared to sum up the views of LGBT civil rights groups and supportive members of Congress on the question of whether the courts should overturn a law passed by the voters.
“We live in a democracy wherein majority rule is checked and balanced by the guarantee of inalienable minority rights,” Baldwin said in a statement.
“This case, as it wends its way up to the U.S. Supreme Court, presents jurists with fundamental questions about minority rights and majority rule. I believe Judge Walker got it right, declaring that denial of marriage rights and protections to gay and lesbian citizens violates the Constitution even if it reflects the will of the majority of Californians,” she said.
California
Calif. governor signs 6 pro-LGBTQ bills, vetoes 1
Gavin Newsom rejected measure he claimed is legislative overreach
Last week, California Gov. Gavin Newsom signed and vetoed a slew of bills into state law. Among them were seven pertaining to California’s LGBTQ community. Newsom signed six while vetoing one. His actions drew applause and scorn from advocacy groups in the state.
The six signed bills:
Assembly Bill 1775 allows transgender veterans, who were banned from service last year by the Trump-Vance administration, to access housing assistance, use California’s discharge upgrade assistance program, and get support for gaining employment.
Assembly Bill 1930 strengthens privacy protections for healthcare patients and providers by creating clear guidelines for California agencies, individuals, and corporations to respond to out-of-state subpoena requests relating to abortion or gender-affirming care. This includes a requirement to contact the California Attorney General at least seven days prior to responding to the subpoena or providing legal documents. This should add additional protection to those residing in California from investigations in states where abortion or gender-affirming care has more restrictions.
Senate Bill 934 targets conversion therapy in California and increases the amount of time a patient has to bring a medical malpractice lawsuit against a provider for attempting to change the patient’s sexual orientation or gender identity. The bill takes aim at the widely debunked practice that treats queerness as a mental disorder that could be cured through psychotherapeutic methods. Conversion therapy has been illegal in California since 2012; however, a recent Supreme Court decision threw the ban into question, prompting lawmakers to write this new bill that legally defines it as medical malpractice.
Senate Bill 1023 expands access to PrEP, a medication that protects people from contracting HIV. The bill requires insurers to cover the drug through the medical benefit and the pharmacy benefit pathways, allowing for more providers to give patients PrEP.
Senate Bill 1114 strengthens privacy protections for voluntary self-identification data about sexual orientation and gender identity. The bill limits when California government agencies can share this data and bars it from being disclosed outside of the state government, with few exceptions.
Senate Bill 1328 expands support for LGBTQ students and staff in California colleges. The bill requires any institution of higher education to designate an employee at any campus, satellite campus, branch campus, or outreach center to support the needs of LGBTQ individuals.
Equality California, the largest statewide LGBTQ civil rights group in the country, commended the governor for his support of legislation that protects and supports the queer community amid escalating threats, attacks, and rollbacks from the federal government.
Executive Director Tony Hoang said in a written statement, “California is once again demonstrating that when LGBTQ+ people are targeted, our state will respond with action,” adding, “We are grateful to Gov. Newsom for signing these measures.”
The vetoed bill:
Assembly Bill 2164 would have banned California from extraditing anyone residing in California for providing abortions or gender-affirming care in another state. Newsom vetoed this bill despite agreeing with its principles, claiming in a written statement that “extradition is an exclusively executive function” and that he did not want to limit the “executive authority of an incoming governor.”
This bill was created in response to Louisiana’s attempt to extradite a California physician for allegedly sending abortion pills in the mail to a Louisiana woman. Newsom responded forcefully to the extradition request, publicly denying it and stating, “We will not allow extremist politicians from other states to reach into California and try to punish doctors based on allegations that they provided reproductive health care services.”
In a written statement responding to the veto, Lizzy Hinkley, the legal director of the bill’s lead sponsor, Abortion Coalition for Telemedicine, criticized Newsom, stating, “[the] outgoing governor’s principled stance is cold comfort to Californians living and working in the real world post-Dobbs. A high-brow, academic justification for refusing to codify legal protections only reveals an ignorance for the lived reality of patients and providers — and does nothing to help them.”
National
HRC report: LGBTQ students face ‘far greater challenges’ in non-supportive states
Survey finds anti-LGBTQ school harassment, bullying highest in 17 states
The Human Rights Campaign Foundation, the educational arm of the national LGBTQ advocacy organization Human Rights Campaign, has released a report showing LGBTQ public school students are more likely to face bullying, harassment, and “other barriers” in states that have less overall supportive LGBTQ laws and policies.
The report is based on the HRC Foundation’s National Educator Survey of School Climate and Bullying, which was released on Sept. 17.
“The report finds that harassment, bullying, and other barriers to LGBTQ+ inclusion are more prevalent in states with limiting policies, where educators report widespread restrictions on LGBTQ+ resources, visible expressions of support, and assistance for transgender students,” a statement released by HRC says.
“As just one example,” the statement adds, “while 59 percent of educators in states with limiting policies report restrictions on supporting their transgender students, just 6 percent to 8 percent of educators in states with supportive policies report the same, underscoring the impact of these policies on school climate, student well-being, and the stakes of the upcoming midterm elections for LGBTQ+ youth and inclusive classrooms.”
The report says the survey consisted of responses by 826 educators in 42 states who worked as teachers, principals, counselors, administrators, and others who worked in support services. All worked at schools with students from pre-kindergarten to 12th grade, most being public schools and a smaller number being charter schools, the report says.
It says the survey was conducted between April 15 and May 21, 2026, and included a survey questionnaire with about 55 questions covering a wide range of LGBTQ related school issues.
According to the report, its classification of LGBTQ supportive and non-LGBTQ supportive states is based on a detailed analysis of the LGBTQ related laws and policies of all 50 states, D.C., and U.S. territories conducted by the Movement Advancement Project, or MAP, which describes itself as an “independent, nonprofit thinktank.”
The report includes a chart consisting of 51 boxes representing the 50 states and D.C., with 32 plus D.C. colored as blue and said to have overall LGBTQ supportive policies. The 17 boxes colored in red are said to have overall non-LGBTQ supportive policies and laws, Each of the boxes has the initial of a state or D.C. printed inside it.
In addition to D.C., the chart shows Maryland, Virginia, New York, California, and Massachusetts as among the supportive states. Florida, Texas, West Virginia, and Ohio are among the states shown to be non-LGBTQ supportive.
The HRC statement includes these “key” findings from the survey:
- In states with restrictive LGBTQ+ inclusion policies, 59 percent of educators report restrictions on supporting transgender students, compared to just 6-8 percent of educators in states with supportive LGBTQ+ inclusion policies.
- In states with restrictive policies, nearly 50 percent of educators reported restrictions on LGBTQ+ books or resources, compared to just 7 percent of educators in states with supportive policies.
- Roughly 32 percent of educators in states with restrictive policies reported anti-LGBTQ+ harassment was a moderate or serious problem, compared with 11 percent of educators in states with supportive LGBTQ+ inclusion policies.
- In states with restrictive LGBTQ+ inclusion policies, 29 percent of educators were very worried about anti-LGBTQ+ harassment, compared to 15 percent in states with supportive LGBTQ+ inclusion policies.
- In states with restrictive LGBTQ+ inclusion policies, 36 percent of educators witnessed anti-LGBTQ+ student bullying, compared to 27 percent in states with supportive LGBTQ+ inclusion policies.
- In states with supportive LGBTQ+ inclusion policies, 75 percent of educators reported no restrictions on LGBTQ+-supportive displays, highlighting a substantially more supportive school environment than in states with restrictive policies.
- Educators in states with restrictive LGBTQ+ inclusion policies also reported significant harassment of students based on appearance (57 percent), race or ethnicity (43 percent), sexual orientation (42 percent), and gender identity or expression (39 percent). (No direct comparison figure from supportive-policy states is provided in the data above.)
“Every young person deserves to feel safe and supportive at school, but this report makes clear that for too many LGBTQ+ students, especially transgender youth, are being failed by policies designed to exclude them,” said HRC President Kelley Robinson in the HRC statement.
“We know that when students feel seen, supported, and affirmed, they are more likely to thrive, but when schools become places of exclusion or hostility, young people pay the price through lower engagement, missed opportunities to learn, and poorer mental and physical health,” Robinson said.
The HRC statement notes that the survey findings come at a time when a growing number of states have passed laws targeting LGBTQ students and the school officials and teachers who support them. It says that for the first time, the survey found that “educators themselves are also experiencing anti-LGBTQ+ harassment, highlighting the growing impact of these policies on school staff as well as students.”
The full survey findings and report can be accessed here:
U.S. Supreme Court
Trump asks Supreme Court to allow restrictions on gender-affirming care in prisons
SCOTUS could further restrict rights of trans inmates
The Trump administration has asked the Supreme Court to allow its policy limiting gender-affirming treatment for federal inmates to take effect while a legal challenge plays out in court.
U.S. District Judge Royce Lamberth ordered the government to continue providing gender-affirming care, such as hormone therapy, which had become policy nearly a decade ago for inmates who were transitioning.
The Trump administration argues in its application that its policy restricting transgender rights was properly adopted and that the judge overstepped, posing nationwide “security and prison-administrative concerns.”
If allowed, the policy would halt surgeries, hormones and social accommodations such as wigs while allowing mental health therapy to continue as the legality of the policy reversal is litigated.
The government also argues in the application that the Bureau of Prisons had “determined that sex-trait-modification surgeries, hormone interventions in general, and social accommodations could no longer be justified as treatment for gender dysphoria.”
American Civil Liberties Union attorneys for the inmates said the policy is “a direct threat to the well-being of transgender people in federal custody and an open violation of their fundamental rights,” and said withholding necessary gender-affirming healthcare constitutes cruel and unusual punishment.
The Blade has covered the ongoing developments surrounding changes to Federal Bureau of Prisons transgender inmate policy that went into effect earlier in Trump’s term. The changes primarily focus on rolling back Biden-era protections for trans inmates.
Earlier this year, the Blade published a joint letter from multiple senators in response to the rollback of the policy. Multiple senators — including Edward Markey (D-Mass.), Jeffrey A. Merkley (D-Ore.) and Mazie K. Hirono (D-Hawaii) — sent a letter to Attorney General Todd Blanche and Federal Bureau of Prisons Director William Marshall III calling for them to reverse the policy change, saying it endangers inmates’ health and safety.
The senators described how the policy shift, along with President Trump’s Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” is forcing policy changes they argued are rooted more in political rhetoric than in medical research or evidence-based correctional practices.
Federal Bureau of Prisons responded to the Blade’s request for comment in May, declining to reconsider its transgender inmate policy.
The Blade reached out to the Federal Bureau of Prisons once again over the application to the Supreme Court, but did not hear back before publication.
