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Home Random Extras Gays and Lesbians Step Closer to Equality
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Gays and Lesbians Step Closer to Equality |
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Wednesday, 04 August 2010 |
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SAN FRANCISCO – Shortly after 1:30 p.m. Aug. 4, several news organizations announced that U.S. District Chief Judge Vaughn R. Walker ruled in Perry v. Schwarzenegger that Proposition 8, the California law that was passed in the November 2008 elections by a 52.3 percent margin, was unconstitutional.
Proposition 8 banned same-sex marriages six months after the California Supreme Court ruled that the state constitution allowed marriage for same-sex couples.
About 18,000 same-sex couples married in California during what some called “the summer of love,” the months prior to the passage of the law. The state Supreme Court upheld the ballot measure and the marriages legalized prior to the 2008 election.
Soon after, a gay couple and a lesbian couple filed the federal challenge. Gov. Arnold Schwarzenegger and Attorney Jerry Brown refused to defend Prop. 8.
Walker heavily relied on the trial testimony.
"Plaintiffs challenge Proposition 8 under the Due Process and Equal Protection Clauses of the Fourteenth Amendment," Walker wrote. "Each challenge is independently meritorious, as Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation."
The Walker ruling is expected to be appealed to the U.S. 9th Circuit Court of Appeals.
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