Proposition 8 : Unconstitutional

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Moments ago, U.S. District Chief Judge Vaughn Walker struck down Proposition 8, passed by California voters in November 2008, which prohibited same-sex couples from marrying in the sate.




Walker found that the Prop 8 undermined both the Due Process and Equal Protection Clauses, arguing that “[e]ach challenge is independently meritorious, as Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation: ”

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.

Last night, anticipating Judge Walker’s decision, lawyers for the Proposition 8 defense team asked Walker to “for a stay of his ruling if the outcome is to declare the law unconstitutional.” Walker issued an emergency stay of the judgment and will decide later if an indefinite stay is in order.

The ruling is now expected to be appealed to the U.S. 9th Circuit Court of Appeals and then up to the U.S. Supreme Court.