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Prop 8 Ruled Unconstitutional

August 4, 2010

Update: Things are moving fast.  I’ll recap later, but it looks like the decision has been stayed.

ORDER granting [706] Motion to Shorten Time. Plaintiffs, plaintiff-intervenor and defendants are DIRECTED to respond to Doc #705 on or before August 6, 2010. The clerk shall STAY entry of judgment herein until the motion to stay pending appeal has been decided. (vrwlc1, COURT STAFF) (Filed on 8/4/2010)

More to come later when some of the reports have settled down, but one of the key points is that Judge Walker seems to have not stayed his decision (denying the stay would allow marriages licenses to be issued now).  Some media, however,  is reporting that it has been stayed.   Assuming the interpretation below is correct, same-sex marriage is legal for a (presumably) short window!

From Karen Ocamb at LGBT POV:

This just in from Jon Davidson, Legal Director for Lambda Legal, about the ruling by Judge Vaughn Walker:

“The plaintiffs won on both Equal Protection and Due Process grounds.

The judge found that Prop 8 is unconstitutional and enjoined it enforcement. He ordered that all defendants stop enforcing Prop 8 and start allowing same sex couples to marry again.  He directed the clerk to enter the judgment.

I expect to rule on the stay of his ruling but as far as know, he hasn’t yet.

The judge also found that there was not even a rational basis for excluding same sex couples from marriage. He described the evidence as overwhelming that the measure was unconstitutional.”

Walker also ruled that the case  must be reviewed with strict scrutiny, but it wouldn’t even pass the rational basis test.  From the little bit I know, that’s quite quite significant to say that as a class, we require strict scrutiny.

The decision is here.

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