Chief Judge Vaughn Walker declared Proposition 8 unconstitutional in a landmark decision today. From New York Magazine:
In a decision just handed down to lawyers for both sides, Walker ruled in that Proposition 8 is “unconstitutional under both the due process and equal protection clauses.” The court, therefore, “orders entry of judgment permanently enjoining its enforcement.” We’re staying tuned for more updates and details on the 136-page decision, but these two sentences from the conclusion are critical:
“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.”
The supporters of Proposition 8 will of course appeal the decision.
Prop 8 “Day of Decision” rallies are occurring through out the nation later today. A list of them can be found here.