Judge Declares Proposition 8 Unconstitutional

In a 136-page ruling, Judge Vaughn Walker has declared Proposition 8, the measure banning same-sex marriage in California, unconstitutional under both the due-process and equal-protection clauses.

Walker

Says the ruling's conclusion:

"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 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."

And its remedies:

"Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of 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, see FF 64-66; moreover, California officials have chosen not to defend Proposition 8 in these proceedings."

“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.”

Read the ruling below. We'll have further analysis soon...

FF_&_CL_FINAL

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Comments

  1. Good news!

    Posted by: Dan | Aug 4, 2010 4:41:51 PM


  2. Awesome news! We still have a long way to go.

    Posted by: Brian in Texas | Aug 4, 2010 4:42:24 PM


  3. Good news indeed. Now let's see if it will stick upon review.

    Posted by: Will | Aug 4, 2010 4:42:51 PM


  4. NEXT STOP! 9TH CIRCUIT APPEALS

    Posted by: Vito | Aug 4, 2010 4:43:00 PM


  5. Wow - Great News for the GLBT community!

    Posted by: Steve | Aug 4, 2010 4:43:25 PM


  6. Yay. Logic prevails. For now.

    Posted by: Paul | Aug 4, 2010 4:44:27 PM


  7. yesssssss! Bring it on....No Majority voting on the rights of minority....EVERYONE KNOWS THIS....Onward and Upward girls...ANY BOYS!

    Posted by: yeahisaidit | Aug 4, 2010 4:44:38 PM


  8. Let justice roll down like waters, and righteousness like an ever-flowing stream.

    Posted by: Tribute | Aug 4, 2010 4:44:57 PM


  9. HOME RUN!

    Posted by: Leto | Aug 4, 2010 4:45:00 PM


  10. step 1 only. but great news. how did u get ur hands on this so fast???????

    Posted by: daftpunkydavid | Aug 4, 2010 4:45:11 PM


  11. Judge's ruling to Prop 8 supporters: 'You are really dumb!' We're gonna take this thing to the Supreme Court. And win.

    Posted by: Matthew Rettenmund | Aug 4, 2010 4:45:15 PM


  12. Yay!

    Now get ready for the hyperbole from the right wing crazies complaining about activist judges.

    Posted by: Scott | Aug 4, 2010 4:46:35 PM


  13. Yippee - I've been on pins and needle all day!

    Posted by: Ted | Aug 4, 2010 4:47:35 PM


  14. @Tribute: And may the heavens rain an eternal torrent of shit, piss and Boston Market macaroni and cheese upon the heads of the members of NOM, AFA, CWA and all right-wing fundamentalist Christians who would agitate stupid, ignorant Americans into voting away the basic human rights of their fellow citizens.

    And then rain broken glass upon them.

    Then Bactine.

    Then more shit, just for fun.

    Asshole fuckheads.

    Posted by: One of the CA 36,000 | Aug 4, 2010 4:50:08 PM


  15. Not surprised... not unexpected... but then again, I was wrong when I expected Bush wouldn't get re-elected... so I tend not to have too much confidence in my expectations. ;)

    But none the less... YAY!!!!!

    Posted by: jexer | Aug 4, 2010 4:51:25 PM


  16. This is great news!!!

    @One of the CA 36,000 :)

    Posted by: Manhattan Native | Aug 4, 2010 4:56:18 PM


  17. Hurray! "Ding-Dong the witches are Dead!"

    Posted by: Jim | Aug 4, 2010 4:57:01 PM


  18. Does this mean that same-sex couples can get married again in California 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.”

    Posted by: Josh | Aug 4, 2010 4:57:01 PM


  19. Great News!! To all those from Temecula, ca who voted and protested YESon8, In ur face ignorant, close-minded aholes!!! So much more to be done!!

    Posted by: Caliboy | Aug 4, 2010 4:57:17 PM


  20. That's HOMO RUN, thank you very much...run to the supreme court and get this thing done...

    Posted by: yeahisaidit | Aug 4, 2010 4:58:11 PM


  21. "Opposite sex couples" sure as hell aren't superior to ME! And the TRUTH will always win, people. ALWAYS.

    Posted by: Jason | Aug 4, 2010 4:58:48 PM


  22. GOOD!!! As it should be. But lets hope it actually sticks this time. Some people are never going to be satisfied win or lose. I know gays who are not into the gay marriage, and some straights who are for it. Hopefully it wont be opposed again, but Im sure will be someone complaining.

    Posted by: Hurley | Aug 4, 2010 4:59:01 PM


  23. The ninth will probably uphold the ruling, but the SC will probably strike it down. In the meantime, the ruling will be stayed and it will help Republican candidates in the fall. Otherwise, great news!

    Posted by: anon | Aug 4, 2010 5:00:34 PM


  24. Oh thank goodness for logic! Ah!!!! I am so excited! Wish my partner were here.....

    Posted by: Miguel | Aug 4, 2010 5:02:47 PM


  25. Re: the comment above...

    Marriage is not for me personally, but I still believe in marriage equality.

    Posted by: Asher | Aug 4, 2010 5:03:06 PM


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