justice for all

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. – Judge Vaughn Walker.

Perhaps the most important political finding that Walker made was his conclusion that the fact that Prop 8 passed as a voter initiative was irrelevant. That the majority of California voters supported Proposition 8 is irrelevant, as "fundamental rights may not be submitted to [a] vote; they depend on the outcome of no elections." It does not appear that Walker allowed for an immediate hold on his decision, which means that the defense must seek one from a higher court. Until then, gay couples could be legally allowed to marry in the state of California.

this will go to the supreme court in the next two years, along with doma --- we're getting there