Wednesday, August 4, 2010

Via Belirico: Good Riddance Prop 8

Well, it's official: Proposition 8 is history - hopefully, for good. Today, U.S. District Court Judge Vaughn R. Walker ruled that Proposition 8 is unconstitutional and violates the United States Constitution's good_riddance.jpegguarantees of due process and equal protection of the laws. The ruling is a tour de force--a grand slam on every count.
The court held that Prop 8 violates the fundamental right to marry and discriminates on the basis of both sex and sexual orientation in violation of the equal protection clause. The court held that laws that discriminate based on sexual orientation must be subject to the highest level of constitutional review, but that Prop 8 would fail even the lowest test, because it is based solely on moral disapproval of gay people. The court made detailed findings of fact about all of the evidence presented and the credibility of the witnesses.
This is without a doubt a game-changing ruling. Today's decision is the most comprehensive, detailed decision addressing the constitutional rights of same-sex couples to affirmative recognition and support ever to be issued by a federal court. There are many "money quotes" in the decision but among them:
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