Image via Fritz Liess on Flickr.

Today, the United States District Court for the Northern District of California ruled that Prop 8 is unconstitutional. More specifically, “Judge Walker rule[d] Proposition 8 [is] unconstitutional ‘under both the due-process and equal-protection clauses.’” Prop 8 supporters will appeal to the 9th Circuit U.S. Court of Appeals in San Francisco. Then, after the “9th Circuit court rules, lawyers have the option of asking the Supreme Court to intervene.” You can read the decision here. The court’s conclusion:

CONCLUSION

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.

More via San Jose Mercury News:

Supporters of Proposition 8 may already suspect the outcome of today’s ruling in the case challenging California’s ban on same-sex marriage.

In court papers filed Tuesday night, lawyers for the Proposition 8 defense team asked Chief U.S. District Judge Vaughn Walker for a stay of his ruling if the outcome is to declare the law unconstitutional. The motion indicates that the Proposition 8 lawyers will immediately ask the 9th U.S. Circuit Court of Appeals to review the ruling if Walker rules against them.

“A stay is essential to averting the harms that would flow from another purported window of same-sex marriage in California,” they wrote.

More via the Los Angeles Times:

A federal judge in San Francisco decided today that gays and lesbians have a constitutional right to marry, striking down Proposition 8, the voter approved ballot measure that banned same-sex unions.

U.S. District Chief Judge Vaughn R. Walker said Proposition 8, passed by voters in November 2008, violated the federal constitutional rights of gays and lesbians to marry the partners of their choice.. His ruling is expected to be appealed to the U.S. 9th Circuit Court of Appeals and then up to the U.S. Supreme Court.

Video: Ted Olson Comments on Prop 8 Being Ruled Unconstitutional

On the Net:

1. Perry et al v. Schwarzenegger et al
2. Judge Vaughn Walker Hands Victory to Proposition 8 Opponents
3. Proposition 8: Long road to the Supreme Court

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