Wednesday, August 04, 2010

A big win in California

For some analysis of today's federal court ruling that California's Proposition 8 is unconstitutional, see here and here.

Judge Vaughn Walker's ruling was a strong one, relying on both the Due Process and Equal Protection arguments:
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.
The Judge also issued a temporary stay through Friday while both sides enter motions on the issue of a longer stay while the case is appealed.

Here's Ted Olson, a lawyer for the plaintiffs, talks about the victory:

(Video link)

More reaction at The Daily Dish.

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