Wednesday, August 04, 2010

Proposition 8 Decision - Unconstitutional!

You can read the full text here, but here's the meat & potatoes I know you're looking for:

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 and
defendant-intervenors pursuant to FRCP 58.

IT IS SO ORDERED.

1 comment:

D.Suplicki said...

I have no words other than... Fuck yea!! *dances*