This afternoon U.S. District Judge Vaughn Walker ruled in the case brought before him by lawyers Ted Olson and David Boies, which argued that the Proposition 8 ballot initiative denying marriage rights to same-sex couples in California was unconstitutional. In a decision just handed down to lawyers for both sides, Walker ruled that Proposition 8 is "unconstitutional under both the due process and equal protection clauses." The court, therefore, "orders entry of judgment permanently enjoining its enforcement." We're staying tuned for more updates and details on the 136-page decision, but these two sentences from the conclusion are critical:
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.
That's what history sounds like. Of course, before the ruling was released, lawyers for the opposing side filed a motion to stay his ruling pending an appeal to the 9th Circuit Court of Appeals.
Update: Good As You has a PDF of the decision.
