Proposition 8 Overturned, Judge Vaughn Walker Ruled Ballot Unconstitutional
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U.S District Judge Vaugh Walker ruled that the Proposition 8 ballot initiative was "unconstitutional under both the due process and equal protection clauses."
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.
Here's Julia Watson's favorite sentence from the ruling:
"The evidence shows that the movement of marriage away from a gendered institution and toward an institution free from state-mandated gender roles reflects an evolution in the understanding of gender rather than a change in marriage."
Paul Katami, Jeff Zarrillo, Kris Perry and Sandy Stier, The plaintiffs, represented by Ted Olson an David Boies.