Chief Judge Vaughn R Walker deems Prop 8 unconstitutional
The gay rights movement made a huge leap forward today as Chief Judge Vaughn R. Walker delivered his decision on the high profile case Perry v. Schwarzenegger this afternoon, declaring California’s 2008 Marriage Protection Act, or Proposition 8, unconstitutional.
In his 136-page decision, Judge Walker writes:
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 decision was received with very ecstatic and emotional reactions from opponents of the proposition worldwide and promises of appeal from its supporters. The case will now go to the Ninth Circuit Court of Appeals in California, then to the Supreme Court, where a confirmation of Judge Walker’s decision might mean that any such ban could also be deemed unconstitutional.
As reported previously, a similar measure in Missouri to support gay rights could facilitate a boost in the economy and an increase in revenues for Kasnas City businesses.