Tag Archives: prop 8 unconstitutional

Prop 8 Unconstitutional — For Now

By Kevin Drum
Mother Jones

Judge Vaughn Walker has released his long-awaited opinion on the constitutionality of California’s Proposition 8, which bans gay marriage: in a nutshell, it’s not. There’s no rational basis for prohibiting same-sex marriage, he ruled, and therefore it violates both the due process and equal protection clauses of the 14th amendment of the U.S. constitution. The full opinion is here.

But as we all know, his ruling per se doesn’t matter. It will be appealed to the Ninth Circuit Court shortly, and after that it’s sure to be appealed to the Supreme Court. What’s more, a stay is likely in the meantime. So the question is, how compelling is his opinion? Is it likely to sway members of either the circuit or supreme courts?

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