Proposition 8 Struck Down by U.S. District Chief Judge Vaughn Walker

Note after posting:  A pending appeal by proponents of Prop 8 will go to the 9th U.S. Circuit Court of Appeals, and Judge Walker might wait until that appeal has been decided before making his ruling final, which would then force the state of California to allow same-sex marriages again.  So no wedding bells for gays and lesbians quite yet in California.  (Read about it here.)

U.S. District Chief Judge Vaughn Walker — From the LA Times (by Nathan Weyland, April 18, 2010)


Today, U.S. District Chief Judge Vaughn Walker ruled in Perry v. Schwarzenegger and struck down Proposition 8, the voter-approved California ballot measure that prohibits same-sex marriage.

Actually, how Judge Vaughn, a Republican appointee, handled the case was a surprise, which you can read about in the LA Times.

Excepts of Judge Vaughn’s ruling can also be seen in the LA Times.

The full 136-page ruling can be read on Scribd.com. It’s actually pretty interesting stuff.  The good judge’s conclusion?  Icing on the cake:

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.

Lastly, Jillian Weiss, in her blog on the Bilerico Project, explains Judge Vaughn’s ruling and its ramifications.

Happy reading, and congratulations California!

–ATM

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3 Responses to Proposition 8 Struck Down by U.S. District Chief Judge Vaughn Walker

  1. j says:

    Mama Mia … the judge is a hottie! If people pay equal taxes they deserve equal rights. Great to have you back ATM- missed you! Having a problem accessing all WP blogs, sites. So if i dont get on often, there’s a reason.

    • Hey J, good to be back. I am now trying to catch up with my personal life (pay bills, trim the hedges, brush the rabbit). I will make a regular post again soon. I hope they get the problem fixed over there so you can access WP.

  2. j says:

    G’morning sir! I hope so too. I live on this site, check it the moment I wake up and many times through the day, and not being able to log on is quite uncomfortable. Take your time and enjoy the summer. It comes just once a year.

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