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US Judge Walker overturns Prop 8

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The much-anticipated federal court decision in the Proposition 8 case came down Wednesday afternoon, setting off a celebration in the LGBT community nationwide. But gay couples wishing to marry in California still have a long road ahead of them.  

U.S. District Court Judge Vaughn Walker ruled Wednesday that California’s ballot measure banning same-sex marriage violates the federal constitution’s guarantees to equal protection and due process of law.

In his 136-page opinion, Judge Walker applied simple rational scrutiny in making his decision — meaning the supporters of Proposition 8 failed to establish any rational or legitimate reason for prohibiting same-sex couples from having marriage licenses. That aspect of the ruling was much anticipated, as is the fact that supporters of Proposition 8 have declared an intention to file an immediate appeal.

Also much anticipated was a ruling that would prevent Walker’s decision from having any immediate effect. A few minutes after handing down his decision, Walker granted a request filed Tuesday night by Yes on 8 attorneys. Walker issued a temporary stay of its impact and directed attorneys challenging the initiative to respond to the request by August 6.

Anchor Rallies celebrating Wednesday’s ruling were pre-planned to take place in more than 40 cities across the country tonight, including L.A., San Francisco, Sacramento, Denver, Atlanta, Boston and New York.

–Lisa Keen

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Written by OutQ News staff

August 4, 2010 at 5:47 PM

Posted in Law, Marriage

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