Prop 8 fails basic Constitutional test, first round KO by 14th amendment

Remember California Proposition 8? Aka California Marriage Protection Act, aka The Mormon Proposition: a measure that added a new provision to the California Constitution that provides that “only marriage between a man and a woman is valid and recognized in California.” Well, it was just ruled deeply unconstitutional by a federal judge today, August 4, 2010.

"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," Walker, who was appointed to the federal bench by former President Ronald Reagan, wrote in his opinion.

"Race restrictions on marital partners were once common in most states but are now seen as archaic, shameful or even bizarre," he added. "Gender no longer forms an essential part of marriage; marriage under law is a union of equals."

The written opinion and decision happen to be filled with numerous responses and reasoning why the Prop 8 supporters have failed to make their legal burden. It seems unlikely that an appeal will save them, unless they’ve actually been holding their best arguments in reserve for no reason.

Other sources with much more insight into the opinion have already begun to chime in. I will be compiling them as they fill in over the next few days.

And: “With a stroke of his pen, Judge Walker has overruled the votes and values of 7 million Californians who voted for marriage as one man and one woman.” If that offensive argument is the best that we can expect on appeal, then Prop 8 is certainly not long for this world. In the United States of America you don’t get to vote away basic human rights for a minority because you’re the majority.

Link, via CNN.

4 thoughts on “Prop 8 fails basic Constitutional test, first round KO by 14th amendment

  1. Congratulations to the gay community! Gay and lesbian marriage is now legal once again in California.

  2. Actually, this is not true yet. The judge in question put an automatic stay on his decision because the opposition intended to immediately appeal. Nothing will change for California until that appeal is reviewed by a higher court.

  3. Here is ANOTHER reason Prop H8 was unconstitutional: It violated the 9th Amendment:

  4. Amazing, Is Cali the way of the future?. Who knows? I think with all the problems around the world who marries\hooks up with whom is a time waster. With toxic Gulf waters sending oil ashore I say Long Live Love! … in any form.

Leave a Reply

Your email address will not be published. Required fields are marked *


You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>