Wednesday, August 04, 2010
CA Proposition 8 declared unconstitutional by federal judge
Chief district judge Vaughn Walker has ruled that California’s Proposition 8, effectively outlawing gay marriage, is unconstitutional. The MSNBC-Reuter’s-AP story, hot off the press, is (website url) here.
Opponents of gay marriage will appeal the decision, and the ability of gay couples to marry in California during the appeal process might be stayed.
I’ll try to find the text of the opinion and add it later.
The measure seems to have been struck down in equal protection grounds.
Anderson Cooper will interview Plaintiff attorneys Ted Olson & David Boies tonight on CNN on his AC360 show at 10 PM EDT.
Here is the PDF of the opinion.
The Los Angeles Times has some very provocative analysis here by Maura Dolan and Carol J. Williams. The article says "The jurist, a Republican appointee who is gay, cited extensive evidence from the trial to support his finding that there was not a rational basis for excluding gays and lesbians from marriage.." The story title is "Ruling against Prop. 8 could lead to federal precedent on gay marriage".
The judge has said that gay marriages in California can start Aug 18, allowing several days for appeals, link.
Update Aug 16:
Appeals Court, 9th Circuit, grants a stay. .Document includes appeals briefing schedule through the end of 2010.