Prop 8 ruled unconstitutional

 Posted by at 16:33  Politics
Aug 042010

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.

“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.”

Here is the New York Times report:

U.S. Court Overturns Calif. Same-Sex Marriage Ban

SAN FRANCISCO — A federal judge in San Francisco struck down California’s voter-approved ban on same-sex marriage on Wednesday, handing a temporary victory to gay rights advocates in a legal battle that seems all but certain to be settled by the Supreme Court.

Wednesday’s decision is just the latest chapter of what is expected to be a long legal battle over the ban — Proposition 8, which was passed in 2008 with 52 percent of the vote — and proponents were already promising to appeal, confidently predicting that higher courts would be less accommodating to the other side than Judge Walker.

Still, the very existence of federal-level ruling recognizing same-sex marriage in California, the nation’s most populous state, set off cheers from crowds assembled in front of the courthouse in San Francisco Wednesday afternoon. Evening rallies and celebrations were planned in dozens of cities across California and several across the nation.

The full ruling may be read here.