Another Step Forward
"Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement..."
With those words, (and a whole bunch of others -- holy cow!), Judge Vaughn Walker declared it to be unconstitutional to prohibit same sex marriage.
Here's a website with links to the entire ruling.
Here are a few highlights:
" Proponents did not, however, advance any reason why the government may... need to take into account fertility when legislating."
"Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians."
"The tradition of restricting marriage to opposite-sex couples does not further any state interest. Rather, the evidence shows that Proposition 8 harms the state's interest in equality, because it mandates that men and women be treated differently based only on antiquated and discredited notions of gender."
And maybe the best part of all: “Proposition 8 is not rationally related to an interest in protecting the rights of those opposed to same-sex couples because, as a matter of law, Proposition 8 does not affect the rights of those opposed to homosexuality or to marriage for couples of the same sex."
Judge Walker's ruling is thorough, relies on precedent, and therefore will be very difficult to overturn on appeal. You can see from reading it why Judge Walker's rulings tend to withstand appeals very well. He applied both the stringent "strict scrutiny" standard and the more relaxed "rational basis" standard to Proposition 8 and found that it fails on both counts -- eliminating the ability to appeal based on the selection of the standard.
Okay, California bigots -- you asked for this. You went too far, and in taking it upon yourselves to enshrine discrimination in your Constitution, instead of keeping the battle in your own state you opened it up to the federal courts. Clearly you never read Loving v. Virginia . Before the appellate process is over, all laws prohibiting same-sex marriage will be declared unconstitutional. Instead of the slow, state-by-state process that might have taken many years or even decades, you've advanced the rights of gays and lesbians far more quickly than anyone might have hoped.
Judge Walker did issue a stay pending appeal... but it's entirely possible the 9th Circuit and the SCOTUS may choose to let the ruling stand without an appellate process. Stay tuned...
With those words, (and a whole bunch of others -- holy cow!), Judge Vaughn Walker declared it to be unconstitutional to prohibit same sex marriage.
Here's a website with links to the entire ruling.
Here are a few highlights:
" Proponents did not, however, advance any reason why the government may... need to take into account fertility when legislating."
"Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians."
"The tradition of restricting marriage to opposite-sex couples does not further any state interest. Rather, the evidence shows that Proposition 8 harms the state's interest in equality, because it mandates that men and women be treated differently based only on antiquated and discredited notions of gender."
And maybe the best part of all: “Proposition 8 is not rationally related to an interest in protecting the rights of those opposed to same-sex couples because, as a matter of law, Proposition 8 does not affect the rights of those opposed to homosexuality or to marriage for couples of the same sex."
Judge Walker's ruling is thorough, relies on precedent, and therefore will be very difficult to overturn on appeal. You can see from reading it why Judge Walker's rulings tend to withstand appeals very well. He applied both the stringent "strict scrutiny" standard and the more relaxed "rational basis" standard to Proposition 8 and found that it fails on both counts -- eliminating the ability to appeal based on the selection of the standard.
Okay, California bigots -- you asked for this. You went too far, and in taking it upon yourselves to enshrine discrimination in your Constitution, instead of keeping the battle in your own state you opened it up to the federal courts. Clearly you never read Loving v. Virginia . Before the appellate process is over, all laws prohibiting same-sex marriage will be declared unconstitutional. Instead of the slow, state-by-state process that might have taken many years or even decades, you've advanced the rights of gays and lesbians far more quickly than anyone might have hoped.
Judge Walker did issue a stay pending appeal... but it's entirely possible the 9th Circuit and the SCOTUS may choose to let the ruling stand without an appellate process. Stay tuned...
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