Showing posts with label Proposition 8. Show all posts
Showing posts with label Proposition 8. Show all posts

Aug 4, 2010

Marriage Discrimination Ruled Unconstitutional

- Judge rules due process and equal protection rights violated by bigoted California Constitution. A total legal victory for equal rights, and defeat for the Mormons and bigots -

by Adam Bink at Proposition Eight Trial Tracker
I just finished reading the meat of the decision. Chief Judge Vaughn Walker has ruled Prop 8 is unconstitutional on both Equal Protection and Due Process grounds. Huge win. The decision is likely to be appealed to the Ninth Circuit Court of Appeals. Developing…

Here’s the conclusion from the decision.

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.

REMEDIES
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 anddefendant-intervenors pursuant to FRCP 58.

IT IS SO ORDERED.

The full decision can be found here.

CONCLUSIONS OF LAW

Plaintiffs challenge Proposition 8 under the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Each challenge is independently meritorious, as Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation.

May 26, 2009

California's Propositon 8 Decision Today

Update: California upholds prop eight. Gay marriage remains illegal in California. Eighteen-thousand existing gay marriages remain legal.

Bigotry versus equality today as California Supreme Court is expected to rule on Prop. 8 today.

The nation's eyes will focused on California as the fight for civil rights continues.

See also Proposition 8 legal filings for briefs and oral arguments.

The decision is scheduled to be posted at noon central time at California Court Opinions.

Nov 16, 2008

Equal Protection Will Come

One day, the Equal Protection Clause will be sensibly applied to LGBT persons' right to marry.

The Equal Protection clause will be read to mean that denying a citizen the right to marry, in defiance of equal protection under the law, is about as sensible as the reasoning in Plessy.

Sounds like the California Constitution is ahead of the game in judicial policymaking on the national front and proposition 8 will be overturned.

Nationally the US Supreme Court will catch up one day.

The inequality is staring us in the face.

If we had to throw Brown v. Board of Education to a series of state referenda, who knows in how many states it would have passed.

Many today would still refuse to knock down the separate-but-equal pillar of American racism.

Trying to fathom the seemingly incomprehensible, protesters Saturday asked of gay marriage opponents: "What will they take from you?"

What they will take from the bigoted in the projection of hate and dehumanization that all bigots and ignoramuses share and lean on for meaning in their lives.