Judge Walker rules Proposition 8 unconstitutional
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.
Hooray. Just as we expected. Thank you, Judge Walker, as well as Mssrs. Boies and Olson and all who worked with them. A special shout-out to our friend Shannon Minter.
More as we get it.
(Hat tip: AMERICAblog Gay)
Update: Equality California says this:
August 4, 2010
Federal court deems marriage ban unconstitutional
San Francisco –Today the U.S. federal district court overturned Proposition 8 on the grounds that the ban prohibiting same-sex couples from marrying is unconstitutional. The case now moves to the Ninth Circuit Court of Appeals.
In response to the ruling, Geoff Kors, executive director for Equality California, which filed an amicus brief supporting the Prop. 8 federal challenge, issued the following statement:
“We are thrilled with today’s ruling, which affirms that the protections enshrined in our U.S. Constitution apply to all Americans and that our dream of equality and freedom deserves protection. Judge Walker has preserved our democracy by ruling that a majority cannot deny a minority group of fundamental freedoms. This is as much a victory for the soul of our nation as it is for the thousands of same-sex couples and their families who will be directly impacted.
“We are truly indebted to Ted Olson and David Boies and to the American Foundation for Equal Rights. We owe Governor Schwarzenegger and Attorney General Jerry Brown a great deal of gratitude for their unprecedented decision not to defend this discriminatory measure. While this is a great success, we also know that the road to restore the freedom to marry could be a long one and that we must do everything in our power to protect this incredible victory. Equality California will do its part by working to elect a governor and attorney general this fall who refuse to spend tax-payer dollars to overturn this decision. We are also ready to battle the National Organization for Marriage this fall to keep their toxic agenda out of our state.
“Finally, together with thousands of volunteers we will keep sharing our stories in communities throughout California so that we continue building public support for the freedom to marry, which is essential to permanently restoring marriage equality in California.”