The Spectacle Blog

CA Judge Overturns “Prop 8”

By on 8.4.10 | 5:16PM

U.S. District Chief Judge Vaughn R. Walker has struck down Proposition 8, the popularly approved ballot measure in California that banned same sex marriage, ruling that gays and lesbians have a constitutional right to marry.

Walker concluded:

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.  Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.

Read the full decision here.

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