Perry v. Schwarzenegger Ruling Striking Down Prop 8 is Only the Beginning

As you already know, the California Proposition 8 court challenge ended on August 4, 2010 with a victory for the lesbian and gay community. The final paragraph of Judge Vaughn R. Walker’s decision reads, in pertinent part:

“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.”

It comes as no surprise that the other side will appeal this ruling and it is likely to be heard by the United States Supreme Court.

For a well-written analysis of the decision, I refer you to Attorney Zachary Wolfe’s post on People’s Law Blog.

Read: A Lawyer’s Look at the Prop 8 Decision

According to Jennifer C. Pizer, National Marriage Project Director for Lambda Legal,

“The court examined the range of excuses used by anti-gay groups to justify this government discrimination against same-sex couples. The testimony of leading experts on everything from child development to adult psychology to the public costs of anti-gay discrimination laid bare the misinformation and outright lies that anti-gay groups have been pushing on the public.”

Read: Lambda Legal Applauds Perry v. Schwarzenegger Ruling Striking Down Prop 8

It has been a long and wild ride for lesbian and gay rights in this country — and the fight for marriage equality has only just begun. Thankfully, Judge Walker’s decision in Perry v. Schwarzenegger goes a long way toward strengthening the rights of same-sex couples in the United States.

Read: The August 4, 2010 Perry v. Schwarzenegger decision.
(Scroll down past the ads on that page to read the text of the decision).

Here are a few other posts from around the blogs on the subject:

Judge strikes down Prop. 8, allows gay marriage in California [Updated] [from L.A. Times]

Obama on the Proposition 8 Decision and Gay Rights [from 365 Gay]

Marriage Is a Constitutional Right [from New York Times]

John McCain Disagrees with Prop 8 Ruling [from 365 Gay]
(Gee, I’m shocked!)

Just to be fair, here are a few sample posts the opposition’s side. Try not to bang your head against the wall too hard as you read them:

Why the Proposition 8 Decision Matters [from Christianity Today]

Today’s Proposition 8 Decision [from Powerline]



Disclaimer:  The information, comments and links posted on the blog do not constitute legal advice.   I will not respond to any specific legal questions in the comments section of this blog. Read my entire disclaimer.

copyright 2010 Irene C. Olszewski


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