CA judge rules Prop 8 unconstitutional

August 4, 2010

States allowing same-gender marriage

Chief US District Judge Vaughn Walker in San Francisco has just overturned the state’s ban on same-sex marriage, ruling that Prop 8 violated the constitutional rights of gays and lesbians.

Ruling on Proposition 8 (pdf)

Judge Walker’s conclusion [emphasis added]:

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.

What it means concretely is not clear at this point.

Wonder what type of apoplexy Rick I urge you to support Prop 8 Warren is experiencing.

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