UNCONSTITUTIONAL: Prop 8 Overturned

This afternoon U.S District Judge Vaugh Walker ruled in the case brought before him by lawyers Ted Olson and David Boies, which argued that the Proposition 8 ballot initiative denying marriage rights to same sex couples in California was unconstitutional. In a decision just handed down to lawyers for both sides, Walker ruled in that Proposition 8 is "unconstitutional under both the due process and equal protection clauses." The court, therefore, "orders entry of judgment permanently enjoining its enforcement." We're staying tuned for more updates and details on the 136-page decision, but these two sentences from the conclusion are critical:

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.

That's what history sounds like. Of course, before the ruling was released, lawyers for the opposing side filed a motion to stay his ruling pending an appeal to the 9th Circuit Court of Appeals.

Yay! Congrats to all the American fleeties - hopefully the appeal will be kicked out and this will get the ball rolling elsewhere too :)

Hopefully the appeal won't be kicked out, and it'll be taken to the Supreme Court, where they can rule that Prop 8 and other state constitutional amendments like it, are unconstitutional and have the ordeal done once and for all.

We are currently FREAKING THE FUCK OUT here in California! This is so incredibly awesome.

One really amazing surprise is not only just how strong the judge's language was regarding just how unconstitutional Prop 8 is, but the language also seems to indicate that marriages can be handed out as soon as tomorrow! Not sure about that last one, but that's at least what I'm getting from the legalese.

Hopefully there won't be an injunction from the Appelate Court pending their decision if it's appealed (which it likely will be).

SO AMAZING!

EDIT: Ack, never mind. Apparently there is a stay pending the upper court's decision. Oh well, not that surprised at that one.

Oh, and you fleeties in Vegas better freaking celebrate like crazy! Wish I could be there with you all!

I'm just glad the judge is calling a spade a spade and pointing out that Prop 8 served one purpose and one purpose only: to legalize discrimination against a class of people. Not only is that unconstitutional, it's anti-constitutional.

Go, CA!

Civil rights usually lag 70 or so years behind common sense. The right wingers will complain, appeal, and whine. When they lose completely in CA they will try it again in another state. They will keep trying until they have been completely beaten everywhere. pretty soon it will no longer be "fashionable" to hate on gays/lesbians so they will move to their next target (which, at this point, is immigrants.)

Xenophobia - aint just a Sci-Fi word anymore :dry:

Full of Win. That is all I can say. :)

Yay!!!! Appeals pending, who is coming to Pat's and my wedding? :)

Big w00t w00t here...and you'll catch me partying it up with my big gay friends in the Castro (big gay San Fran neighborhood) tonight :)

@Branden: OMG if you get married, I will totally show up (if you invite me). :D

@slider: AWESOME! I'm down in Palo Alto, so I'll be partying with the gays down here. The Bay Area is going to be CRAZY tonight and this weekend!

Just as an addition to the ruling (I read the ruling in its entirety), Judge Walker ruled that LGBT persons are entitled to strict scrutiny although the case filed by the defendant-intervenors failed even the rational basis test (A lower standard of scrutiny). It is a tightly crafted, meticulously detailed ruling, his findings of fact are detailed, the legal analysis is incisive. It looks like this judge has no desire to be overturned and he and his clerks put in a lot of time on crafting this decision.

It is highly unlikely that the 9th Circuit will overrule him, which leads the case precisely where everyone expects it to go...the Supreme Court. The issue is this, will Kagan be confirmed? If so, as usual Justice Anthony Kennedy will be the swing vote. With Kagan likely voting with Ginsburg, Sotomayor, and Breyer. As a Court watcher, I do not expect any defections from the conservative wing although Lawrence and Garner v. Texas was a 6-3 ruling (AJ Kennedy delivered the majority opinion and AJ O'Connor filed a seperate concurring opinion on 14th Amendment/Due Process grounds), AJ Scalia delivered the dissent.

Chances of success at the SCOTUS level? Hard to figure although my initial impression/WAG is that it will be a 5-4 ruling upholding Judge Walker's original ruling, there are too many well detailed findings of law and fact to disturb the. Now excuse me while I cross fingers and toes simulatneously.

WoooooTT!!!

~Lore

The scary thing is that if this passes through the Supreme Court, then Ahnald's name will forever be linked to a major victory in the gay rights movement along with Lawrence vs. TX. I say we petition to get it renamed to something more accurate, like Perry and the Rest of Us Who Just Want to Live Normal Lives Like Everyone Else vs. Fat, Homely, Hateful Busybody Chicks Like Maggie Gallagher Who Are Afraid Their Husbands Are Going to Leave Them for a Man. Or maybe to push the real point across, how about Secular Society Who Wants to Keep the Bible Out of Our Bedrooms vs. Christian's Who Want to Push a Christian Version of Sharia Law on Everybody Else.