LONG BEACH - Charles Karel Bouley said it was a good day, but not a great day.On Tuesday, the 9th Circuit Court of Appeals declared Proposition 8 unconstitutional, but gays and lesbians still are prohibited from receiving marriage licenses.
"I'm happy this is the second court that ruled Proposition 8 is unconstitutional, but they are still discriminating against gay people by not allowing marriages licenses to be issued," said the 49-year-old Long Beach resident and openly gay radio host.
"What we're really talking about is institutionalized bigotry, and the fact that we are having a debate about it is embarrassing," he said.
In the 2-1 decision, the federal appeals court struck down the voter-approved law that made same-sex marriage illegal in California.
"Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples," Judge Stephen Reinhardt wrote in the decision.
The court concluded Proposition 8 violates the 14th Amendment rights of gay couples to equal protection under the law.
(Openly gay radio host and Long Beach resident Charles Karel Bouley said Tuesday was a "good day, but not a great day" following the Prop 8 decision. Photo: Charles Karel Bouley)
Gay people had the right to marry in California for five months in 2008
before it was taken away by voters. This action is a violation of equal
protection because a right was specifically taken away from a minority
group, Reinhardt wrote.
The court agreed with Chief District Judge Vaughn Walker, who ruled in August of 2010 that the state of California has no "rational basis" to single out gay men and women as ineligible for marriage.
Anti-gay marriage opponents appealed Walker's decision arguing it should be vacated because Walker is gay and has a same-sex partner.
The federal appeals court denied this motion.
However, gay marriages won't take place in California anytime soon, as a stay on same-sex marriages issued by a lower court will remain in place for now.
Other members of Long Beach's gay community were still mostly ecstatic with the federal appeals court decision.
"This latest ruling is a huge step forward for the fight for marriage equality in the California," said Ron Sylvester, president and chairman of The Gay and Lesbian Center of Long Beach.
"We also look forward to the day that we celebrate this ruling on a national level."
Belmont Shore resident and well-known community event planner Justin Rudd also applauded Tuesday's ruling.
"It seems to be a step closer to the reality of allowing same-sex couples to marry, not just in California but hopefully the nation. I wish we weren't having to go through this, but let it run its course," said Rudd, who, in March, will celebrate nine years with his partner, Ralph Millero.
"I won't be rushing out to get a marriage license when it becomes legal, but I like having the option to get married if I want to," he said. "My relationship is very important. I already feel it's a marriage. I don't need a piece of paper to prove that."
Added 5th District City Councilwoman Gerrie Schipske, Long Beach's first open lesbian elected to the council: "As someone who has been in a committed, loving relationship with a same-sex partner for over 31 years, this ruling iterates something those of us in the gay and lesbian community already knew -- that taking the constitutional rights of one group takes from all of us as Americans."
The court agreed with Chief District Judge Vaughn Walker, who ruled in August of 2010 that the state of California has no "rational basis" to single out gay men and women as ineligible for marriage.
Anti-gay marriage opponents appealed Walker's decision arguing it should be vacated because Walker is gay and has a same-sex partner.
The federal appeals court denied this motion.
However, gay marriages won't take place in California anytime soon, as a stay on same-sex marriages issued by a lower court will remain in place for now.
Other members of Long Beach's gay community were still mostly ecstatic with the federal appeals court decision.
"This latest ruling is a huge step forward for the fight for marriage equality in the California," said Ron Sylvester, president and chairman of The Gay and Lesbian Center of Long Beach.
"We also look forward to the day that we celebrate this ruling on a national level."
Belmont Shore resident and well-known community event planner Justin Rudd also applauded Tuesday's ruling.
"It seems to be a step closer to the reality of allowing same-sex couples to marry, not just in California but hopefully the nation. I wish we weren't having to go through this, but let it run its course," said Rudd, who, in March, will celebrate nine years with his partner, Ralph Millero.
"I won't be rushing out to get a marriage license when it becomes legal, but I like having the option to get married if I want to," he said. "My relationship is very important. I already feel it's a marriage. I don't need a piece of paper to prove that."
Added 5th District City Councilwoman Gerrie Schipske, Long Beach's first open lesbian elected to the council: "As someone who has been in a committed, loving relationship with a same-sex partner for over 31 years, this ruling iterates something those of us in the gay and lesbian community already knew -- that taking the constitutional rights of one group takes from all of us as Americans."
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