Thursday, August 5, 2010

Key findings and full text of Judge Walker's Prop 8 ruling

A protest in Washington, D.C. against the pass...Image via Wikipedia
Ever since the closing arguments in Perry vs. Schwarzenegger took place two months ago, the LGBT community has been wondering why it was taking so long for Judge Walker to rule on the case. The short answer is that there was a lot of evidence and testimony to review, even though none of what the pro-8 side presented had any legal merit.

Having read through the e transcript of Judge Walker's opinion, I'm glad he took his time deliberating this case. It's going to be very difficult for his judgement to be overturned on appeal. That doesn't mean the haters won't try. The other side has already filed a motion to delay implementation of the ruling, which Judge Walker is currently considering.

The 138-page ruling has gone viral since it was released Wednesday. (See the full text below). Here are some of Judge Walker's key findings as posted in the Los Angeles Times:

  • "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 ...
  • "Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently ... prohibiting the official defendants [state of California] from applying or enforcing Proposition 8..."
  • "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."
Prop 8 Ruling FINAL

Enhanced by Zemanta

No comments:

Post a Comment

Please keep comments relevant and civil. Comments attacking other people will be deleted.

Subscribe in a reader