Wednesday, August 04, 2010

Ding Dong the Anti-SSM Witch is, Well, Injured

A short time ago this afternoon in California, a federal judge struck down the Prop 8 ban on same-sex marriage. U.S. District Judge Vaughn Walker ruled that the DOMA-style amendment violated homosexual couple's due process and equal protection rights.

Read the 138 pager here. I'll do that and comment, likely tomorrow.

The plug ugly, anti-gay sorts will surely see that this goes to the Ninth U.S. Circuit Court of Appeals, likely next year. Then it could well bow before the U.S. Supreme Court. (Here's betting they'd see it as a state matter and none of their business.)

Walker's conclusions include:
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 the remedies section leads with:
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...
It looks like he was thorough and attempting to head off frivolous bases for appeal. I'll burrow in and see what I see.

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