Judge Vaughn Walker Hands Victory to Proposition 8 Opponents

[cal04]

http://nymag.com/daily/intel/2010/08/judge_vaughn_walker_hands_vict.html

This afternoon U.S. District Judge Vaughn Walker ruled in the case brought before him by lawyers Ted Olson and David Boies, which argued that the Proposition 8 ballot initiative denying marriage rights to same-sex couples in California was unconstitutional. The case, which was taken on by the unlikely pair (they faced off against one another famously during the 2000 presidential election aftermath, with Olson representing Bush and Boies Gore) over a year ago, has caught the attention of the nation for the likelihood that it will eventually take the cause of gay marriage all the way up to the Supreme Court. In a decision just handed down to lawyers for both sides, Walker ruled that Proposition 8 is "unconstitutional under both the due process and equal protection clauses." The court, therefore, "orders entry of judgment permanently enjoining its enforcement." We're staying tuned for more updates and details on the 136-page decision, but these two sentences from the conclusion are critical:

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.

(snip)
Update: Good As You has a PDF of the decision. (http://www.goodasyou.org/good_as_you/2010/08/eek-the-prop8-decision-is-here.html)

(snip)
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 full remedies ruled:

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.

[Ken Burch]

1. May we assume the knuckledraggers will appeal?

n/t.

[sakabatou]

2. Or write death threats?

[TheWraith]

3. They already did before the ruling was even issued.

Complete with the press release attacking the judge's sexuality and morals. Before the ruling was even known.

[Ken Burch]

4. Wouldn't that mean they'd be appealing the ruling even if they WON?

n/t.