Judge strikes down Prop. 8, allows gay marriage in California

Posted by AzBlueMeanie:

In a long-awaited ruling, U.S. District Chief Judge Vaughn Walker ruled that California's ban on same-sex marriage (Prop. 8) violates the 14th Amendment constitutional rights of equal protection and due process. Republicans no doubt will now want to repeal these clauses of the 14th Amendment as well as the citizenship clause. Proposition 8: U.S. judge strikes down Prop. 8, allowing gay marriage in California – latimes.com:

U.S. District Chief Judge Vaughn R. Walker, in a 136-page ruling, said California "has no interest in differentiating between same-sex and opposite-sex unions."

"The evidence shows conclusively that moral and religious views form the only basis for a belief that same-sex couples are different from opposite-sex couples," Walker wrote. ["Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians," wrote Walker.] The ruling struck down Proposition 8 as a violation of federal constitutional guarantees of equal protection and due process.

Walker cited extensive trial evidence to support his finding that there was not even a rational basis for excluding gays and lesbians from marriage. Higher courts defer to trial judges on issues of fact, but still could determine that Walker was wrong on the law.

Walker has temporarily stayed his order until Friday, giving Prop. 8 backers time to file appeals and seek a long-term stay. The decision would appear to delay any resumption of gay marriage in the state. Officials in L.A. County and West Hollywood said they were studying the ruling before deciding whether to begin issuing same-sex marriage licenses again.

Supporters of the marriage ban vowed an immediate appeal.

Austin R. Nimocks, senior legal counsel for the Alliance Defense Fund who fought to uphold Proposition 8 in Walker's court, said they would appeal. "We're obviously disappointed that the judge did not uphold the will of over 7 million Californians who made a decision in a free and fair democratic process."

Gov. Arnold Schwarzenegger praised the ruling.

"For the hundreds of thousands of Californians in gay and lesbian households who are managing their day-to-day lives, this decision affirms the full legal protections and safeguards I believe everyone deserves," the governor said. "At the same time, it provides an opportunity for all Californians to consider our history of leading the way to the future, and our growing reputation of treating all people and their relationships with equal respect and dignity."

He said the ruling was "by no means California's first milestone, nor our last, on America's road to equality and freedom for all people."

* * *

Walker's historic ruling in Perry vs. Schwarzenegger relied heavily on the testimony he heard at trial. His ruling listed both factual findings and his conclusions about the law.

Full text of decision (.pdf). http://www.latimes.com/media/acrobat/2010-08/55367172.pdf