Judge Walker Rules Prop 8 UnConstitutional
August 4, 2010 Leave a comment
I literally screamed out loud when I read this. I’d been following the trial on Prop 8 Trial Tracker–Judge Walker is one of the best allies I’ve ever seen–during the trial, he let no BS in his Court. Attorneys Ted Olsen and David Boies represented the plaintiffs in the case, officially called Perry v. Schwarzenegger. Olsen and Boies, if you recall, were opposing attorneys in the infamous Bush v. Gore case.
Here is an excerpt from the decision:
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.
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 clerk is DIRECTED to enter judgment without bond in favor of plaintiffs and plaintiff-intervenors and against defendants anddefendant-intervenors pursuant to FRCP 58.
IT IS SO ORDERED.
Judge Walker found Proposition 8 illegal under both the Equal Protection and Due Process and quotes both Loving v. Virginia and Griswold v. Connecticut in his decision.
This is a huge victory. Celebrate it.
Because it will most certainly be appealed.
Read the whole decision here.