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Gay Marriage Ban Overturned! *Updates & Reviews*
Submitted by E. Ross on Wednesday, 4 August 2010 – 1:07 PMOne Comment
In a big win for marriage equality, a federal judge overturned California’s Prop 8 today, ruling that “Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses.”
Chief U.S. District Judge Walker’s ruling concludes:
“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.”
The full ruling is HERE. The anti-gay side is expected to appeal the decision to the 9th U.S. Circuit Court of Appeals, which includes Alaska in it’s jurisdiction.
UPDATE 2:
Reviews of the decision are all over the web. A good explanation of the 138 page ruling is posted on Towleroad, highlighting the main points and discussing it in terms of both due process and equal protection. Another good analysis is on Out for Justice.
Rachel Maddow devotes most of Wednesday’s show to Prop 8, including an interview with attorneys Ted Olson and David Boies, a good review of the findings, and a segment on how George “rent boy” Rekers helped us win by discrediting himself and his research, which was used by the anti-gays.
Keith Olbermann also has a good review of the Prop 8 ruling, looking ahead to the appeals in the Circuit Court and the Supreme Court.
For a local Alaska angle, check out this post on Alaska Commons.
UPDATE:
Celebration rallies are taking place around the country, including in Anchorage where supporters are meeting at City Hall at 5:30 p.m., according to Anchorage Won’t Discriminate.
Ted Olson, attorney for the same sex couples, comments on the ruling:
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