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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


Written by OutQ News staff

August 4, 2010 at 5:47 PM

Posted in Law, Marriage

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