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California Prop 8 marriage ban overturned under Equal Protection, Due Process
Federal Judge Vaughn Walker overturned Proposition 8 today, ruling:
Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8. California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same-sex couples and has not suffered any demonstrated harm as a result, see FF 64-66; moreover, California officials have chosen not to defend Proposition 8 in these proceedings.
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 clerk is DIRECTED to enter judgment without bond in favor of plaintiffs and plaintiff-intervenors and against defendants and defendant-intervenors pursuant to FRCP 58.
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About the author: Matt Comer is the editor of QNotes, first hired to serve in the role in October 2007. He can be reached via email at email@example.com or via phone at 704-531-9988, ext. 202. Follow him online at facebook.com/matthew.mh.comer or at twitter.com/themattcomer.