Judge Walker: Prop 8 unconstitutional

August 04, 2010

Posted by Chris Geidner on metroweekly.com:

"The U.S. District Court for the Northern District of California today issued its decision in Perry v. Schwarzenegger, the federal constitutional challenge to Proposition 8. The ruling is a blistering opinion that pulls together all of the developments of the three-week trial in a striking decision finding that the amendment violates both the Equal Protection and the Due Process clauses of the U.S. Constitution.

"Judge Vaughn Walker's remedy, or solution, to the case:

'Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8.  California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same-sex couples and has not suffered any demonstrated harm as a result, see FF 64-66; moreover, California officials have chosen not to defend Proposition 8 in these proceedings.

'Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8. The clerk is DIRECTED to enter judgment without bond in favor of plaintiffs and plaintiff-intervenors and against defendants and defendant-intervenors pursuant to FRCP 58.'

"That enforcement of that decision, however, is stayed -- or stopped -- until Walker can consider arguments on whether to grant the Proposition 8 proponents motion for a stay pending their planned appeal of the decision to the U.S. Ninth Circuit Court of Appeals."

Click to read the full post: [Link]