BREAKING!!!UNCONSTITUTIONAL: Prop 8 Overturned In Landmark Federal Ruling Read more: click here
In the long-awaited ruling Perry v. Schwarzenegger, 9th Circuit District Court Judge Vaughn Walker handed down a doozy of a ruling: The voter-approved law known as Prop 8, which stripped California's same-sex couples of the right to marry, is unconstitutional, violating both due process and equal protection clauses.
Details forthcoming in the 136-page ruling. Hard copies will be distributed at 2pm PST.
From the ruling, according to sources at New York: "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."
More:
Plaintiffs have demonstrated by overwhelming evidence 3 that Proposition 8 violates their due process and equal protection 4 rights and that they will continue to suffer these constitutional 5 violations until state officials cease enforcement of Proposition 6 8. California is able to issue marriage licenses to same-sex 7 couples, as it has already issued 18,000 marriage licenses to same- 8 sex couples and has not suffered any demonstrated harm as a result, 9 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 and defendant-intervenors pursuant to FRCP 58.IT IS SO ORDERED
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