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U.S. District Court Judge Vaughn Walker Struck Proposition 8 Down, but Marriage Still On Hold

August 4, 2010 by  
Filed under Breaking News, Featured, News

The controversial Proposition 8 was overturned on Wednesday, August 4, 2010 by U.S. District Court Judge Vaughn Walker who ruled Proposition 8 is unconstitutional.

 Proposition 8 was passed on November 4, 2008 by CA Voters with 52.1% againts 47.9% with 94.6% precincts.


“It has been over five years since I voted to place same-sex marriage in the Massachusetts Democratic Party Platform when I was a delegate at the Democratic Convention. Today’s decision by Judge Walker of the Federal District Court to overturn Proposition 8 now indicates that we are on the verge of having marriage equality from coast to coast. Though there is a long road ahead of us to the U.S. Supreme Court, this ruling is an important win for the families involved, the entire LGBT community, and for all of those who sacrificed their time, energy, and even their lives to promote a nation where everyone can be treated equally under the law. This rally in West Hollywood today has been an exhilarating event and I am proud to be in the company of so many who have done so much for the LGBT community.” said Dr. John Carvalho, Political Action Committee, Human Rights Campaign.
Andrew Christian
Court documents states “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 oppositesex 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.
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 samesex 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. VAUGHN R WALKER, United States District Chief Judge.

Please click to view the originals Proposition 8 Ruling Documents

Prop 8 Ruling Documents

Also click to view the Temporary Ruling Document from the Judge.

Temporary stay – Marryage

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