Thursday, August 5, 2010

Proposition 8 Ruled Unconstitutional, For Now.

Yesterday, a Judge in California ruled that Proposition 8, the same-sex marriage ban, was unconstitutional. In the ruling, the judge found that there was no legitimate purpose in disallowing same-sex marriages, finding that the voter approved measure was solely based on “unfounded stereotypes and prejudices”. In his findings, Judge Vaughn Walker stated that same-sex and opposite-sex marriages are exactly the same in regards to California law.

Many find this ruling to be a major victory for same-sex marriage rights. However, the constitutionality of the measure will be first decided by at least one Court before the victory can be declared final. However, should the 9th U.S. Circuit Court of Appeals uphold the California court’s ruling, this finding should then be precedent for all states under the jurisdiction of the 9th U.S. Circuit Court of Appeals, not just California.

The group that sponsored Propositon 8, Project Marriage, have already promised to immediately appeal yesterday’s ruling. Judge Walker has indicated, based on this promised appeal, that he will not make his ruling final until the appeal is decided. Both sides of the litigation are to submit written arguments by this Friday regarding the issue. With this appeal, and Judge Walker’s delay in finalizing his order, it appears that those wishing to enter into same-sex marriages in California may still have to wait.

For one of many articles on this issue, click here.

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