Wednesday, August 4, 2010

Prop 8 Unconstitutional, Injunction Against It Temporarily Stayed

In a nutshell:  Chief Judge Vaughn Walker has held that California's Proposition 8 violates the right to marry protected by the Due Process Clause and violates the Equal Protection Clause, discriminating on the basis of sexual orientation (which he concludes here is equivalent to discrimination based on sex), and doing so without even a rational basis.  As a remedy, Walker's opinion directs that enforcement of Prop 8 be enjoined.  However, Prop 8's defenders moved for a stay pending appeal; Walker has directed the plaintiffs to respond to their motion, and he has directed the clerk to stay his judgment until he has resolved this motion for a stay throughout the duration of the appeal process.

More detailed commentary to follow.

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