By: Patrick Saunders
Senior Writer

San Francisco federal judge Vaughn Walker’s long-awaited ruling is in: Prop 8 is unconstitutional under both the due process and equal protection clauses.

His conclusion is as follows:

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.

Walker’s remedies are as follows:

Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8.

The ruling is a result of the suit filed in federal court in May 2009 challenging the controversial ballot measure banning same-sex marriage in the state of California that passed in November 2008.  A non-jury trial was held in January of this year and closing arguments wrapped up in June.

The Human Rights Campaign immediately issued a statement from their President Joe Solmonese:

After hearing extensive evidence in support of marriage equality, and essentially no defense of the discrimination wrought by Prop 8, Judge Walker reached the same conclusion we have always known to be true – the Constitution’s protections are for all Americans, including the lesbian, gay, bisexual and transgender community.  We thank the courageous plaintiff couples, the American Foundation for Equal Rights, and attorneys Ted Olson and David Boies for their tremendous efforts leading to today’s decision and their ongoing commitment as the case moves forward on appeal.  The battle for marriage equality continues, and we must all continue our work – in courthouses and statehouses, in church pews and living rooms – until equality is reality for LGBT people and our families everywhere.

A rally organized by The Queer Justice League of Atlanta will be held tonight at 6:30PM at the intersection of 10th Street and Piedmont Avenue.

Brooklyn Law School’s Professor Nelson Tebbe, who has done extensive research on legal theories which define how marriage is viewed by courts, had a mixed opinion on Walker’s verdict.

“Judge Walker’s decision marks an important step on the road to the Supreme Court for the couples challenging California’s ban on same-sex marriage,” said Tebbe.  “However, the decision does not highlight the legal argument that is most likely to sway the Supreme Court.  In my view, the right to civil marriage for same-sex couples is best viewed as a matter of equal access to government benefits and recognition.”