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    Prop 8 in California Overturned!

    9th Circuit District Court Judge Vaughn Walker offered a 136-page decision in the case of Perry v. Schwarzenegger, firmly rejecting the Prop 8 law passed in November 2008.

    UPDATE: Here's Judge Walker's conclusion:

    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.








    The decision is expected to now head to the Ninth Circuit Appeals Court (also based in San Francisco) for appeal and from there to the Supreme Court.

    Americablog will have updates, plus a petition to the President to support full marriage equality (yeah, I know...but it doesn't hurt to ask, does it?)

    More from Huffpo:
    "Although Proposition 8 fails to possess even a rational basis, the evidence presented at trial shows that gays and lesbians are the type of minority strict scrutiny was designed to protect," Walker ruled.

    "Plaintiffs do not seek recognition of a new right. To characterize plaintiffs' objective as "the right to same-sex marriage" would suggest that plaintiffs seek something different from what opposite-sex couples across the state enjoy ---- namely, marriage. Rather, plaintiffs ask California to recognize their relationships for what they are: marriages."

    "Proposition 8 places the force of law behind stigmas against gays and lesbians, including: gays and lesbians do not have intimate relationships similar to heterosexual couples; gays and lesbians are not as good as heterosexuals; and gay and lesbian relationships do not deserve the full recognition of society."

    The judgment was the first offered by a federal court with respect to laws banning gay marriage at the state level and it promises to have massive reverberations across the political and judicial landscape. The decision is expected to now head to the Ninth Circuit Appeals Court (also based in San Francisco) for appeal and from there to the Supreme Court.

    *The Cafe's Fake Consultant explains 'rational basis' and other issues and background.




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