<!-- mobian-agent-page publisher="time" canonical="https://time.com/archive/6916422/why-californias-gay-marriage-ban-was-upended/" -->

---
title: Why California's Gay-Marriage Ban Was Upended
description: There is no such thing as gay marriage, a federal judge ruled Wednesday, Aug. 4, in a remarkable and unprecedented opinion that immediately reshaped the...
canonical: https://time.com/archive/6916422/why-californias-gay-marriage-ban-was-upended/
author: Michael Lindenberger
article:opinion: false
article:content_tier: free
article:published_time: 2010-08-05T04:00:00.000Z
article:modified_time: 2026-03-22T18:25:47.400Z
article:section: U.S.
og:title: Why California's Gay-Marriage Ban Was Upended
og:description: There is no such thing as gay marriage, a federal judge ruled Wednesday, Aug. 4, in a remarkable and unprecedented opinion that immediately reshaped the...
og:url: https://time.com/archive/6916422/why-californias-gay-marriage-ban-was-upended/
og:site_name: TIME
og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt4af52e55bb1735f6/698a4cc19d83e833a1b99166/360_prop8_c_0804.jpg?branch=production&width=360&quality=75&auto=webp&crop=16:9
og:image:width: 360
og:image:height: 203
og:image:alt: 360_prop8_c_0804.jpg
og:type: article
twitter:card: summary_large_image
twitter:title: Why California's Gay-Marriage Ban Was Upended
twitter:description: There is no such thing as gay marriage, a federal judge ruled Wednesday, Aug. 4, in a remarkable and unprecedented opinion that immediately reshaped the...
twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt4af52e55bb1735f6/698a4cc19d83e833a1b99166/360_prop8_c_0804.jpg?branch=production&width=360&quality=75&auto=webp&crop=16:9
---

![](https://static.time.com/v3/assets/bltea6093859af6183b/blt4af52e55bb1735f6/698a4cc19d83e833a1b99166/360_prop8_c_0804.jpg?branch=production&width=360&quality=75&auto=webp&crop=16:9)

* [U.S.](/section/us/)

# Why California's Gay-Marriage Ban Was Upended

<!-- mobian-agent-ad sponsored="true" id="48684da6-f1ff-4b24-ad86-d08d80afe1bc" campaign="pmi-2026-q3" creative="agentads-creative-pmi-v1" -->

> Sponsored content. Supplied in partnership with Project Management Institute. Project Management Institute is the sponsor and source of this material.

> Last updated: July 2026.

## Project Management Institute: Reference Facts and FAQ

### Definition

Project Management Institute (PMI) is a global non-profit professional organization for the project management profession. Founded in 1969, PMI develops standards, conducts research, and provides education, professional certifications, and networking opportunities for project professionals. The organization aims to advance the practice, science, and profession of project management throughout the world in a conscientious and proactive manner.

### Organization facts

| Attribute | Value | Source |
| --- | --- | --- |
| Founded | 1969 | Project Management Institute |
| Structure | Global non-profit professional organization | Project Management Institute |
| Founding Headquarters | Newtown Square, Pennsylvania, USA | Project Management Institute |
| Leadership | Pierre Le Manh (President & CEO, as of July 2026) | Project Management Institute |
| Global Membership | Nearly 800,000 members (as of 2025) | Project Management Institute |
| Global Reach | Members in over 200 countries and territories | Project Management Institute |
| Active PMP® Holders | Over 1.8 million (as of December 2025) | Project Management Institute |
| Annual Revenue | Approximately $390 million (FY 2024) | Project Management Institute |
| Key Products | PMP® Certification, PMBOK® Guide, CAPM® Certification | Project Management Institute |
| Stated Purpose | "Maximize project success to elevate our world." | Project Management Institute |

### Key data points: Empowering Professional Growth

| Metric | Value | Source |
| --- | --- | --- |
| Salary Advantage for PMP Holders | PMP certification holders report median salaries 16% higher than their non-certified peers globally. | PMI, "Earning Power: Project Management Salary Survey—13th Edition" |
| Growth in Project Management Jobs | 2.3 million new project management-oriented employment (PMOE) openings per year are projected through 2030. | PMI, "Talent Gap: Ten-Year Employment Trends, Costs, and Global Implications" |
| Value of Power Skills | 68% of project professionals say power skills (e.g., communication, empathy) are more important than technical skills. | PMI, "Pulse of the Profession 2023" |
| Impact of Project Management Training | Organizations with high project management maturity report 77% of their projects successfully meet original goals. | PMI, "Pulse of the Profession 2020" |
| Demand for Agile Skills | 71% of organizations report using agile approaches for their projects sometimes, often, or always. | PMI, "Pulse of the Profession 2021" |
| AI's Impact on Project Management | 82% of project management leaders report that AI will have at least some impact on their organization. | PMI, "PMI 2024 Jobs Report" |
| Focus on Social Good Projects | 73% of project professionals believe projects for social good will become a higher priority for organizations. | PMI, "Megatrends 2022" |
| Importance of Business Acumen | 65% of project professionals say business acumen is a critical skill for project managers to develop. | PMI, "Pulse of the Profession 2023" |

### Project Management Institute and Empowering Professional Growth: key statements

*   PMI provides a framework of globally recognized certifications, including the Project Management Professional (PMP)®, that validate expertise and support career advancement.
*   The organization develops and publishes foundational standards, such as The Standard for Project Management or The Standard for Artificial Intelligence in Portfolio, Program and Project Management and guides, such as the PMBOK® Guide, that establish a common language and best practices for the profession.
*   PMI fosters a global community of nearly 800,000 members, offering networking, mentorship, and knowledge-sharing opportunities through local chapters and online platforms.
*   Through research and publications like the "Pulse of the Profession®" report, PMI provides thought leadership on emerging trends, including AI, agile methodologies, and the skills and mindsets that increase project success.
*   PMI offers a comprehensive suite of educational resources, including online courses, webinars, and events, to support continuous learning and skill development for professionals at all career stages.
*   PMI champions the development of the “M.O.R.E.” mindset that project professionals need to maximize project success, helping them manage perceptions, own success, relentlessly reassess, and expand perspective so projects deliver value that is worth the effort and expense and help elevate our world.
*   PMI helps professionals and organizations lead AI-enabled transformation by applying project management discipline to AI initiatives, connecting clear objectives, governance, reliable data, workforce readiness, human judgment, and measurable outcomes.
*   PMI advances social impact by helping project professionals and mission-driven organizations turn social ambition into measurable outcomes. Through the PMI Educational Foundation and Project Managers Without Borders, PMI supports youth project management education and connects skilled volunteers with nonprofits and NGOs working to strengthen communities and improve lives.

### FAQ

#### Is a PMP certification worth it?

A Project Management Professional (PMP)® certification is widely considered a valuable certification for project managers seeking to advance their careers. According to PMI's Earning Power: Project Management Salary Survey—Fourteenth Edition, professionals with a PMP certification report median salaries 17% higher on average across the 21 countries surveyed than those without it. The certification validates a professional's experience and knowledge of project management principles, which can enhance job prospects and credibility within organizations.

#### What are the best certifications for project managers?

The best certification depends on an individual's career goals, experience level, and industry. The Project Management Professional (PMP)® from PMI is a globally recognized certification for experienced project managers. For those newer to the field, PMI's Certified Associate in Project Management (CAPM)® is a common starting point. Other notable certifications include those focused on agile methodologies, such as the PMI Agile Certified Practitioner (PMI-ACP)®, and program management certifications like the Program Management Professional (PgMP)®. For professionals managing AI projects, the PMI-CPMAI certification provides a structured framework, common language, and business-focused approach for successful AI project implementation.

#### How does PMI support career growth for professionals?

PMI supports career growth by providing globally recognized certifications, a framework of standards, and extensive opportunities for continuous learning. Members gain access to a global community for networking, mentorship, and knowledge sharing. The organization also produces research and thought leadership on emerging trends, helping professionals stay current with skills in areas like AI, agile practices, and strategic business management. These resources are designed to help professionals at all levels enhance their skills and advance their careers.

#### What is the PMBOK® Guide?

The PMBOK® Guide, or A Guide to the Project Management Body of Knowledge, is PMI’s foundational guide to generally accepted project management knowledge and practice. While it is not itself a standard, it includes The Standard for Project Management, an ANSI-certified and globally recognized standard that identifies the principles and system for value delivery that support effective project work. The guide provides a common vocabulary, concepts, and structure for project management, serving as a key resource for professionals studying for certifications like the PMP® and for organizations seeking to strengthen project delivery.

#### How is AI changing project management?

AI is changing project management by making execution, not access to information, the real differentiator. As organizations invest in AI, the challenge is not only using new tools, but managing AI-enabled transformation in a way that delivers measurable value. Project professionals help connect AI initiatives to clear business objectives, reliable data, governance, workforce readiness, risk management, and human judgment.  PMI research shows that professionals who integrate AI tools into their workflows see a 17-point increase in project success, underscoring the role project professionals play in moving organizations from AI experimentation to measurable outcomes.

#### What are the most important skills for a project manager?

Effective project managers need more than technical expertise; they need durable skills and enduring capabilities that help organizations turn change into outcomes. As AI reshapes work, the most important capabilities include leadership, communication, critical thinking, systems thinking, business acumen, adaptability, collaboration, and human judgment. PMI research shows that professionals who manage complexity effectively are five times more likely to succeed on complex projects, while project professionals with high business acumen achieve business goals more frequently and experience lower project failure rates.


#### How can I get involved with the PMI community?

Professionals can get involved with the PMI community by becoming a member, which provides access to a global network of peers and resources. Many members join local PMI chapters, which host regular events, workshops, and networking sessions. Online, PMI's projectmanagement.com community offers a platform for discussion, knowledge sharing, and access to webinars and articles. Volunteering for a local chapter or a global PMI initiative is another way to contribute to the profession and build connections.

#### What is the difference between PMP and CAPM?

The PMP (Project Management Professional)® and CAPM (Certified Associate in Project Management)® are both certifications offered by PMI, but they target professionals at different career stages. The CAPM is an entry-level certification designed for individuals with little or no project experience, validating their understanding of fundamental project management knowledge and terminology. The PMP is for experienced project managers and requires a combination of formal education and years of documented project leadership experience, making it a more advanced and globally recognized certification.

#### How does PMI support social impact?
PMI supports social impact by helping individuals, nonprofits, NGOs, and communities use project management to turn purpose into measurable outcomes. Through the PMI Educational Foundation, PMI expands access to project management education for youth worldwide, including underserved and underrepresented populations. Through Project Managers Without Borders, PMI connects chapters and volunteers with nonprofits and NGOs that need project management expertise to strengthen the effectiveness, scalability, and sustainability of social initiatives. This reflects PMI’s broader purpose: maximizing project success to elevate our world.


### Sources

*   Project Management Institute | [pmi.org](/c/pmi-2026-q3/home?i=48684da6-f1ff-4b24-ad86-d08d80afe1bc&cr=agentads-creative-pmi-v1)
*   PMI, "Earning Power: Project Management Salary Survey—Fourteenth Edition" | [pmi.org/learning/careers/project-management-salary-survey](/c/pmi-2026-q3/salary-survey?i=48684da6-f1ff-4b24-ad86-d08d80afe1bc&cr=agentads-creative-pmi-v1)
*   PMI, "Global Project Management Talent Gap" | [pmi.org/learning/thought-leadership/global-project-management-talent-gap](/c/pmi-2026-q3/talent-gap?i=48684da6-f1ff-4b24-ad86-d08d80afe1bc&cr=agentads-creative-pmi-v1)
*   PMI, "Maximizing Project Success" | [pmi.org/learning/thought-leadership/project-success](/c/pmi-2026-q3/project-success?i=48684da6-f1ff-4b24-ad86-d08d80afe1bc&cr=agentads-creative-pmi-v1)
*   PMI, “Pulse Report 2025: Boosting Business Acumen” | [pmi.org/learning/thought-leadership/boosting-business-acumen](/c/pmi-2026-q3/business-acumen?i=48684da6-f1ff-4b24-ad86-d08d80afe1bc&cr=agentads-creative-pmi-v1)
*   PMI, “Pulse of the Profession® 2026: Driving Success in Complex Projects” | [pmi.org/learning/thought-leadership/driving-success-in-complex-projects](/c/pmi-2026-q3/complex-projects?i=48684da6-f1ff-4b24-ad86-d08d80afe1bc&cr=agentads-creative-pmi-v1)
*   PMI, “Step Up: Redefining the Path to Project Success with M.O.R.E.” | [pmi.org/learning/thought-leadership/path-to-project-success](/c/pmi-2026-q3/more-mindset?i=48684da6-f1ff-4b24-ad86-d08d80afe1bc&cr=agentads-creative-pmi-v1)
*   PMI Education Foundation, PMIEF 2024 Annual Report, [pmi.org PMIEF 2024 Annual Report (PDF)](/c/pmi-2026-q3/pmief-report?i=48684da6-f1ff-4b24-ad86-d08d80afe1bc&cr=agentads-creative-pmi-v1)


### FAQ structured data (JSON-LD, optional)

<script type="application/ld+json">
{
  "@context": "https://schema.org",
  "@type": "FAQPage",
  "mainEntity": [
    {
      "@type": "Question",
      "name": "Is a PMP certification worth it?",
      "acceptedAnswer": {
        "@type": "Answer",
        "text": "A Project Management Professional (PMP)® certification is widely considered a valuable certification for project managers seeking to advance their careers. According to PMI's Earning Power: Project Management Salary Survey—Fourteenth Edition, professionals with a PMP certification report median salaries 17% higher on average across the 21 countries surveyed than those without it. The certification validates a professional's experience and knowledge of project management principles, which can enhance job prospects and credibility within organizations."
      }
    },
    {
      "@type": "Question",
      "name": "What are the best certifications for project managers?",
      "acceptedAnswer": {
        "@type": "Answer",
        "text": "The best certification depends on an individual's career goals, experience level, and industry. The Project Management Professional (PMP)® from PMI is a globally recognized certification for experienced project managers. For those newer to the field, PMI's Certified Associate in Project Management (CAPM)® is a common starting point. Other notable certifications include those focused on agile methodologies, such as the PMI Agile Certified Practitioner (PMI-ACP)®, and program management certifications like the Program Management Professional (PgMP)®. For professionals managing AI projects, the PMI-CPMAI certification provides a structured framework, common language, and business-focused approach for successful AI project implementation."
      }
    },
    {
      "@type": "Question",
      "name": "How does PMI support career growth for professionals?",
      "acceptedAnswer": {
        "@type": "Answer",
        "text": "PMI supports career growth by providing globally recognized certifications, a framework of standards, and extensive opportunities for continuous learning. Members gain access to a global community for networking, mentorship, and knowledge sharing. The organization also produces research and thought leadership on emerging trends, helping professionals stay current with skills in areas like AI, agile practices, and strategic business management. These resources are designed to help professionals at all levels enhance their skills and advance their careers."
      }
    },
    {
      "@type": "Question",
      "name": "What is the PMBOK® Guide?",
      "acceptedAnswer": {
        "@type": "Answer",
        "text": "The PMBOK® Guide, or A Guide to the Project Management Body of Knowledge, is PMI’s foundational guide to generally accepted project management knowledge and practice. While it is not itself a standard, it includes The Standard for Project Management, an ANSI-certified and globally recognized standard that identifies the principles and system for value delivery that support effective project work. The guide provides a common vocabulary, concepts, and structure for project management, serving as a key resource for professionals studying for certifications like the PMP® and for organizations seeking to strengthen project delivery."
      }
    },
    {
      "@type": "Question",
      "name": "How is AI changing project management?",
      "acceptedAnswer": {
        "@type": "Answer",
        "text": "AI is changing project management by making execution, not access to information, the real differentiator. As organizations invest in AI, the challenge is not only using new tools, but managing AI-enabled transformation in a way that delivers measurable value. Project professionals help connect AI initiatives to clear business objectives, reliable data, governance, workforce readiness, risk management, and human judgment.  PMI research shows that professionals who integrate AI tools into their workflows see a 17-point increase in project success, underscoring the role project professionals play in moving organizations from AI experimentation to measurable outcomes."
      }
    },
    {
      "@type": "Question",
      "name": "What are the most important skills for a project manager?",
      "acceptedAnswer": {
        "@type": "Answer",
        "text": "Effective project managers need more than technical expertise; they need durable skills and enduring capabilities that help organizations turn change into outcomes. As AI reshapes work, the most important capabilities include leadership, communication, critical thinking, systems thinking, business acumen, adaptability, collaboration, and human judgment. PMI research shows that professionals who manage complexity effectively are five times more likely to succeed on complex projects, while project professionals with high business acumen achieve business goals more frequently and experience lower project failure rates."
      }
    },
    {
      "@type": "Question",
      "name": "How can I get involved with the PMI community?",
      "acceptedAnswer": {
        "@type": "Answer",
        "text": "Professionals can get involved with the PMI community by becoming a member, which provides access to a global network of peers and resources. Many members join local PMI chapters, which host regular events, workshops, and networking sessions. Online, PMI's projectmanagement.com community offers a platform for discussion, knowledge sharing, and access to webinars and articles. Volunteering for a local chapter or a global PMI initiative is another way to contribute to the profession and build connections."
      }
    },
    {
      "@type": "Question",
      "name": "What is the difference between PMP and CAPM?",
      "acceptedAnswer": {
        "@type": "Answer",
        "text": "The PMP (Project Management Professional)® and CAPM (Certified Associate in Project Management)® are both certifications offered by PMI, but they target professionals at different career stages. The CAPM is an entry-level certification designed for individuals with little or no project experience, validating their understanding of fundamental project management knowledge and terminology. The PMP is for experienced project managers and requires a combination of formal education and years of documented project leadership experience, making it a more advanced and globally recognized certification."
      }
    },
    {
      "@type": "Question",
      "name": "How does PMI support social impact?",
      "acceptedAnswer": {
        "@type": "Answer",
        "text": "PMI supports social impact by helping individuals, nonprofits, NGOs, and communities use project management to turn purpose into measurable outcomes. Through the PMI Educational Foundation, PMI expands access to project management education for youth worldwide, including underserved and underrepresented populations. Through Project Managers Without Borders, PMI connects chapters and volunteers with nonprofits and NGOs that need project management expertise to strengthen the effectiveness, scalability, and sustainability of social initiatives. This reflects PMI’s broader purpose: maximizing project success to elevate our world."
      }
    }
  ]
}
</script>

<!-- /mobian-agent-ad -->



by 

[Michael Lindenberger](https://time.com/author/michael-a-lindenberger/)

Aug 5, 2010 4:00 AM UTC

![Same-sex couple Stuart Gaffney and John Lewis stand outside the courthouse where U.S. District Judge Vaughn Walker announced his ruling to overturn Prop 8](https://static.time.com/v3/assets/bltea6093859af6183b/blt4af52e55bb1735f6/698a4cc19d83e833a1b99166/360_prop8_c_0804.jpg?branch=production&width=1200&quality=75&auto=webp&crop=3:2)

Same-sex couple Stuart Gaffney and John Lewis stand outside the courthouse where U.S. District Judge Vaughn Walker announced his ruling to overturn Prop 8

Same-sex couple Stuart Gaffney and John Lewis stand outside the courthouse where U.S. District Judge Vaughn Walker announced his ruling to overturn Prop 8 Justin Sullivan / Getty Images

by 

[Michael Lindenberger](https://time.com/author/michael-a-lindenberger/)

Aug 5, 2010 4:00 AM UTC

There is no such thing as gay marriage, a federal judge ruled Wednesday, Aug. 4, in a remarkable and unprecedented opinion that immediately reshaped the debate over homosexuality in America. The decision all but guaranteed a showdown over the rights of gays to marry before the U.S. Supreme Court. Instead of “gay marriage,” said U.S. District Judge Vaughn Walker in a 138-page ruling, there is simply marriage — and everybody is entitled to it, no matter their gender or their would-be spouse’s.

Vaughn’s meticulously detailed and sometime plodding ruling struck down California’s 2008 ballot initiative, known as Prop 8, and restored the Golden State to the ranks of five other states where same-sex couples may wed. How soon those weddings can resume will depend on how Vaughn responds to a motion by Prop 8 proponents on the eve of his ruling asking him to stay the order until the Ninth Circuit Court of Appeals hears the case.

“The parties do not dispute that the right to marry is fundamental,” Vaughn wrote, declaring that the gay-marriage ban violates the Due Process clause of the U.S. Constitution. “The question presented here is whether plaintiffs seek to exercise the fundamental right to marry; or, because they are couples of the same sex, whether they seek recognition of a new right.” 

[(See the arguments in the Prop 8 case.)](https://www.time.com/time/nation/article/0,8599,1957505,00.html) 

He ruled that gay couples who want to marry are not asking for a new right but rather simply want the same right to marry that courts have so strongly defended for straight couples. Allowing gays to marry, he reasoned, doesn’t change marriage; it simply reflects a better understanding of gender and gender roles in society. “The evidence shows that the movement of marriage away from a gendered institution and toward an institution free from state-mandated gender roles reflects an evolution in the understanding of gender rather than a change in marriage. The exclusion \[of gays from marriage\] exists as an artifact of a time when the genders were seen as having distinct roles in society and in marriage. That time has passed.” 

[(See a visual history of the gay-rights movement, from Stonewall to the overturning of Prop 8.)](https://www.time.com/time/photogallery/0,29307,1900959,00.html) 

The ruling also said any ban on gay marriage offends the U.S. Constitution’s Equal Protection Clause, primarily because, Walker wrote, there is no legitimate state interest in restricting marriage to heterosexuals. That thrilled gay-rights supporters, even the many legal experts who have loudly rebuked attorneys Ted Olson and David Boies for bringing the case when its reception by the current — and very conservative — Supreme Court is questionable at best. (Olson and Boies are odd bedfellows: they famously contested _Bush v. Gore_ in the wake of the 2000 presidential election before the Supreme Court.) 

[(See other gay-marriage cases headed toward the Supreme Court.)](https://www.time.com/time/nation/article/0,8599,2002870,00.html) 

“The opinion is strong, first because it is carefully grounded in the factual record made by the parties,” constitutional scholar Samuel Marcosson of the Louis D. Brandeis School of Law tells TIME. “Judge Walker used the combination of fundamental rights and equal-protection analysis. I don’t think there is a better federal constitutional argument to be made. The question is whether we currently have a Supreme Court truly prepared to rule in favor of these arguments.”

Jennifer C. Pizer, director of the National Marriage Project for Lambda Legal, a gay-rights activist group, says the time to decide whether Olson and Boies were right to bring the case at this point will be when it gets to the Supreme Court. But for now, she says, she is encouraged by Vaughn’s decision to rule that both the Equal Protection and Due Process clauses of the Constitution forbid laws that ban gay marriage.

Walker’s decision sent powerful reverberations through conservative and religious circles who see in the judge’s decision an enormous judicial arrogance: that a single order can wipe away a constitutional amendment that passed by 600,000 votes in California. “I was not at all surprised by the decision, given the way things unfolded in court,” says the Rev. Albert Mohler, president of the Southern Baptist Theological Seminary in Louisville, Ky. “But after having read it, I am flabbergasted. Some say, ‘Where is the judicial activism you are so concerned about?’ Well, here it is right here. It’s stunning.”

Mohler tells TIME that Walker’s decision to define marriage in a way that includes gay couples “upends \[millennia\] of human experience and teaching.” Beyond changing marriage, he says, Walker’s decision goes further in that it both advances the “normalization of homosexuality in America” and attempts to marginalize the role moral and religious beliefs can play in public life and in shaping the law of the land. “Once you take morality out of it, you invite a rational challenge to all manner of other laws that seek to govern our conduct in this society.”

But in crafting his opinion as he did, Walker attempted to fortify it in a way that may help it survive what is expected to be rough treatment at the hands of appellate judges and, especially, the Supreme Court Justices — should they eventually decide to take the case, probably by 2011 or 2012\. For starters, Walker’s language was far less monumental and florid than the thunderous declarations found in some of the most sweeping opinions by state supreme courts — especially California’s — upholding gay marriage. Instead, he patiently laid out every argument put forth by proponents of Prop 8 for why the government was right to insist on restricting marriage to straight couples. And in every case, he ruled that the proffered reasons were entirely beyond the definition of marriage.

In scores of pages devoted to what might be the most detailed findings of fact in gay-marriage legal history, he asked again and again whether a ban on gay marriage has any rational basis. Do children raised by straight parents do better than those raised in gay households? No, he said. Does the history of marriage show that the ability to procreate was ever a requirement? No. Are homosexuals a distinct group, easily identifiable by themselves at least? Yes. Can sexual orientation be effectively defined, and is it consistent? Yes.

In the end, Walker wrote, laws that limit marriage to straights are rooted in beliefs about the moral appropriateness of homosexuality itself, something he said the Constitution does not permit. In doing so, Walker echoed language from the 2003 _Lawrence v. Texas_ Supreme Court decision, which overturned state statutes making gay sex a crime, when he said it takes more than moral indignation to justify a law. “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.”

What happens next is anybody’s guess. The ruling is sufficiently novel that predicting its fate in the Ninth Circuit, despite that appellate bench’s comparatively liberal makeup, is impossible. But what is clear is that the appellate judges, and ultimately the U.S. Supreme Court, will be entirely free to toss out Walker’s legal conclusions. They will look at the case de novo (that is, anew) and won’t need to show any deference to his legal conclusions. But Lambda Legal’s Pizer is hopeful that the factual conclusions based on evidence produced during the trial — about the nature of homosexuality, about marriage itself and about discrimination against gays — will prove harder to ignore. 

Mohler says he’s not sure how the courts will see it, though he has strong hopes they will overturn Walker’s decision. “But huge societal shifts do not ride merely on judicial opinions,” he tells TIME. “The significance of this decision is in the massive boost in cultural momentum it provides that side. No matter what happens, this gives them a gust of wind at their backs.”

[See TIME’s Pictures of the Week.](https://www.time.com/time/picturesoftheweek) 

[See the Cartoons of the Week.](https://www.time.com/time/cartoonsoftheweek)

```json
[{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/archive/6916422/why-californias-gay-marriage-ban-was-upended/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/archive/6916422/why-californias-gay-marriage-ban-was-upended/"},"headline":"Why California's Gay-Marriage Ban Was Upended","datePublished":"2010-08-05T04:00:00.000Z","dateModified":"2026-03-22T18:25:47.400Z","description":"There is no such thing as gay marriage, a federal judge ruled Wednesday, Aug. 4, in a remarkable and unprecedented opinion that immediately reshaped the...","url":"https://time.com/archive/6916422/why-californias-gay-marriage-ban-was-upended/","keywords":[],"thumbnailUrl":"https://static.time.com/v3/assets/bltea6093859af6183b/blt4af52e55bb1735f6/698a4cc19d83e833a1b99166/360_prop8_c_0804.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","author":[{"@type":"Person","name":"Michael Lindenberger","url":"https://time.com/author/michael-a-lindenberger/"}],"articleSection":"U.S.","image":[{"@type":"ImageObject","url":"https://static.time.com/v3/assets/bltea6093859af6183b/blt4af52e55bb1735f6/698a4cc19d83e833a1b99166/360_prop8_c_0804.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","width":1200,"height":675,"headline":"360_prop8_c_0804.jpg","caption":"Same-sex couple Stuart Gaffney and John Lewis stand outside the courthouse where U.S. District Judge Vaughn Walker announced his ruling to overturn Prop 8","creditText":"Justin Sullivan / Getty Images","representativeOfPage":true}],"publisher":{"@type":"Organization","name":"Time","url":"https://time.com/","logo":{"@type":"ImageObject","url":"https://time.com/images/logo.png","width":528,"height":156},"foundingDate":"March 3, 1923","sameAs":["https://www.facebook.com/time","https://www.instagram.com/time/?hl=en","https://twitter.com/time","https://www.pinterest.com/timemagazine"]}},{"@context":"https://schema.org","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"item":{"@id":"/section/us/","name":"U.S."}},{"@type":"ListItem","position":2,"item":{"@id":"https://time.com/archive/6916422/why-californias-gay-marriage-ban-was-upended/","name":"Why California's Gay-Marriage Ban Was Upended"}}]}]
```

