Prop 8 Ban Overturned!
OMG AMAZING NEWS GAYS!
Federal judge has overturned the voter approved ban on “same sex marriage”, also known as prop 8. An appeal is expected but this is a WHOLE NEW BALLGAME!!
Word on the street is this will head to the supreme court…
latest edits 2:29 p.m.
“[Updated at 1:54 p.m.: “Plaintiffs challenge Proposition 8 under the Due Process and Equal Protection Clauses of the Fourteenth Amendment,” the judge wrote. “Each challenge is independently meritorious, as Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation.”
Vaughn added: “Plaintiffs seek to have the state recognize their committed relationships, and plaintiffs’ relationships are consistent with the core of the history, tradition and practice of marriage in the United States.“
Ultimately, the judge concluded that 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 Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.”]”
“SAN FRANCISCO — A person close to the case says a federal judge has overturned California’s same-sex marriage ban in a landmark case that could eventually land before the U.S. Supreme Court.
Chief U.S. District Judge Vaughn Walker made his ruling Wednesday in a lawsuit filed by two gay couples who claimed the voter-approved ban violated their civil rights.”
“Chief U.S. District Judge Vaughn Walker found in his ruling that the ban violated the Constitution’s equal protection clause under the 14th Amendment.
The closely watched case came some two years after Californians voted to pass Proposition 8, which defined marriage as a union between a man and a woman.
Neither opponents nor supporters of same-sex marriage said before the ruling that it would likely be the last. Both sides said the decision will be appealed and eventually wind up in the U.S. Supreme Court.”
NPR has some great information too
More soon – updates will surely follow!
So far no international reactions…
For some light reading, the entire ruling is posted here http://www.scribd.com/doc/35374462/Prop-8-Ruling-FINAL
Update from CNN on the stay…or go:
In his decision Wednesday afternoon, U.S. District Judge Vaughn Walker ordered the state to stop enforcing its same-sex marriage ban immediately. But CNN reported that Walker also issued an emergency stay, meaning that same-sex marriages are still on hold for the moment. We’ll have more on that shortly.
Here’s Walker’s conclusion:
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.
Lawyers for the Prop. 8 supporters filed papers Tuesday night seeking a stay that would prohibit same-sex marriage while the decision is appealed. Walker will have to deal with that separately. CNN reported that Walker is giving the defense team a chance to make their case for a stay pending the appeal. But Loyola Law Professor Douglas NeJaime said he doesn’t think a permanent stay will be issued.
“The tone of this is it doesn’t look like he would be issuing a stay,” said the law professor.
Click here to read Judge Vaughn Walker’s ruling.
[…] Draft By alley hector || Print this Page We all rejoiced when Prop 8 was overturned in California last week but saddened that a stay was put in place to stop enforcement right away. Today newlywed-wannabes […]