Prop 8 - Victory for Same-Sex Couples


On August 4, 2010, the U.S. District Court for the Northern District of California struck down California’s Proposition 8 as unconstitutional.  In 2008, “Prop. 8” amended the California State Constitution to prohibit the state from legally recognizing same-sex marriages performed on or after November 5, 2008. In today’s decision, Judge Vaughn Walker declared Proposition 8 unconstitutional under both the Due Process and Equal Protection Clauses of the United States Constitution.  In his decision,Judge Walker wrote:

“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…Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8.”

To read the full decision, click here.

This case will surely be appealed to the Ninth Circuit Court of Appeals and then to the Supreme Court of the United States.

Stay tuned.