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Prop 8 Declared Unconstitutional One Year Ago Today By A Federal Judge

by David Badash on August 4, 2011

in Marriage,News

Post image for Prop 8 Declared Unconstitutional One Year Ago Today By A Federal Judge

Prop 8 was declared unconstitutional one year ago today, by federal court judge Vaughn Walker. Here’s a little trip down memory lane.

“Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license,” Walker wrote in his August 4, 2010 decision. “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.”

Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcementprohibiting 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.

Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians. The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-​sex couples are inferior to opposite-​sex couples. FF 76, 79 – 80; Romer, 517 US at 634 (“[L]aws of the kind now before us raise the inevitable inference that the disadvantage imposed is born of animosity toward the class of persons affected.”). Because Proposition 8 disadvantages gays and lesbians without any rational justification, Proposition 8 violates the Equal Protection Clause of the Fourteenth Amendment.

(emphasis mine.)

Thoughts?

Read the actual decision, in its entirety, here.

(photo: A protest in Washington, D.C. against the passage of Proposition 8, November 15, 2008.)

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