Proposition 8 overturned by California court

A decision to overturn Proposition 8, the 2008 California state law denying marriage to same-sex couples, was made today by U.S. District Judge Vaughn Walker in the case Perry v. Schwarzenegger.
Photo credit: http://geott.wordpress.com/2010/08/04/californias-prop-8-overturned/

A decision to overturn Proposition 8, the 2008 California state law denying marriage to same-sex couples, was made today by U.S. District Judge Vaughn Walker in the case Perry v. Schwarzenegger.

Walker ruled that the legislation is “unconstitutional under both the due process and equal protection clauses” and orders to permanently prevent any further enforcement.

Two sentences of an 136-page decision read:

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 case is expected to reach the Supreme Court later this year.

For more on this story visit the New York Times Magazine.

Olivia Stephens

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