Judge Walker Rules Prop 8 Unconstitutional

That ole'14th Amendment gets in the way. Judge Vaughn Walker has ruled Prop 8 on both Equal Protection and Due Process grounds. The decision is likely to be appealed to the Ninth Circuit Court of Appeals. The over-100 page opinion can be accessed at www.Prop8Trialtracker.com . Walker clearly has argued his opinion with the appeals process in mind. Kudos to Ted Olson and David Boies for a magnificent job in arguing the case for same sex marriage. Judge Walker, a George H.W. Bush appointee, played an active and aggressive role in challenging both legal teams to back up their arguments. In the summary stage of the trial, he was a real star.

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; moreover, California officials have chosen not to defend Proposition 8 in these proceedings.

"Because Proposition 8 is unconstitutional under both Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendents from applying or enforcing Proposition 8 and directing the official defendents 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..

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."

Yesterday, sensing defeat, the lawyers for Proposition 8 requested Judge Walker to withhold the ruling until the appeals process has begun. They argued--it would be unfair to other gays?! This from the side who tried to portray gay males as pedophiles and child sex abusers. The religious unChristian Right is already up in arms. The ruling was just and well-argued.

Now on to DADT. DADT already has been repealed by the House by 40 votes. It needs to wait for the report from the armed forces and ratification by the Senate.

I'm sure today's decision will become a great fund-raiser for conservative and religious groups. The so-called conservative constitutionalists will probably go into high gear to eradicate the 14th amendment--now we have Mexicans and gays involved--it's a winner. Aside from the sacred Second Amendment, I'm not sure there are many amendments left that conservatives approve of.

The trial itself should be made into a televised play. It had drama, humor and sparkling legal talent on display. Sort of the Snopes trial of the 21st century.

And if you're still against gay marriage, then don't marry one. It's simple and saves the taxpayer alot of money in court fees.