Double Rainbow

Judge strikes down Proposition 8, rules that gay marriage ban isunconstitutional

Judge Vaughn R. Walker of the Northern District Court of California has ruled that Proposition 8, the ballot initiative that struck down gay marriage in California in November 2008, is unconstitutional.

An appeal is expected by the backers of the bill, which was previously upheld in state court.

In his decision, Walker stated that 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. … 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 bill's defenders filed a motion even before the decision for the judge to issue a stay preventing gay marriages in the state while the case was appealed. However Walker's ruling explicitly states that the ban should not proceed and that gay marriages should be allowed immediately:

Because Proposition 8 is unconstitutional under both the due process and equal protection clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting 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....

California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same-sex couples and has not suffered any demonstrated harm as a result. California officials have chosen not to defend Proposition 8 in these proceedings.

It is not clear, however, if a higher court will issue a stay on the proceedings.

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Thanks, Queen Bey

Pop icon Beyoncé donates $100,000 to University of Houston Law School

Photo by Erza Shaw Getty Images

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Pop megastar Beyoncé Knowles-Carter has donated $100,000 to the University of Houston Law Center Criminal Justice Clinic through her BeyGOOD Foundation. The gift will allow the clinic to hire fill-time faculty to head it, benefiting the students who study there.

“I am delighted that the BeyGOOD Foundation has made this very generous gift to the UH Law Center,” said Leonard Baynes, dean of the UH Law Center. “Not only will this funding help establish a full-time criminal justice clinic that provides pro bono legal services in our community, but it will also supercharge our already excellent criminal law and justice programming.”

The clinic is one of nine at UHLC. It helps students learn to navigate the criminal justice system, especially on behalf of clients that are underserved by skilled attorneys. People of color are affected disproportionately by a lack of good, ethical representation.

Beyoncé, the most decorated artist in Grammy history and easily the biggest musical star native to Houston, has a long history of advocating for criminal justice reform. She was a staunch supporter of the police reform following the deaths of Alton Sterling and Philando Castile, asking law enforcement to “stop killing us” in a web post. In 2020, she penned an open letter to the Kentucky attorney general asking for justice in the death of Breonna Taylor.

Through her BeyGOOD Foundation, established in 2013, Beyoncé has focused mostly on expanding the prospects of Black-owned business and offering education opportunities to students. Forwarding the cause of legal representation in Texas while also helping out marginalized communities compliments her other philanthropic work.

“At UH Law, we envision a legal profession where ‘everyone has the opportunity to prosper,’ as BeyGOOD envisions, and we will achieve this vision by providing access to strong and effective legal representation in criminal proceedings,” Baynes said. “And together, through this gift, the BeyGOOD Foundation and UHLC will shepherd the next generation of criminal justice attorneys in the city of Houston, the state of Texas and the nation.”