August 4, 2010
FEDERAL JUDGE FINDS CALIFORNIA PROPOSITION 8 unconstitutional. Copy of the decision at the link. (Bumped).
ANOTHER UPDATE: A roundup from Andrew Malcolm.
MORE: Some key language.
STILL MORE: Dale Carpenter: A Maximalist Decision, Raising The Stakes. “There are some interesting twists on familiar arguments and, overall, the opinion is a pretty good compendium of a policy brief for SSM. But my concerns about this decision outweigh what I see as its merits. In reading so far, I think a notable feature of Judge Walker’s decision is its judicial maximalism — a willingness to reach out and decide fundamental constitutional questions not strictly necessary to reach the result. It is also, in maximalist style, filled with broad pronouncements about the essential characteristics of marriage and confident conclusions about social science. This maximalism will make the decision an even bigger target for either the Ninth Circuit or the Supreme Court. If that’s right, it magnifies the potential for unintended and harmful consequences for gay-rights claims even beyond the issue of marriage. Think of a possible anti-SSM version of Bowers v. Hardwick, which had consequences far beyond the constitutional affirmation of sodomy laws.”
Plus, a roundup of Hollywood reactions.