Ed Driscoll

Federal Judge 86s California's Proposition 8

Allahpundit on “Federal judge’s ruling on Proposition 8:”

It’s set to drop sometime between 4 p.m. and 7 p.m. ET, and since it’s sure to be the story of the day, let’s get a thread up now for rapid reaction when it does. The suspense mounts: Will Judge Vaughn Walker hand conservatives a legal victory by upholding Prop 8 against Ted Olson’s and David Boies’s equal protection challenge? Or will he hand conservatives a political victory by striking the law down, thereby irritating the (decreasing) majority nationwide that opposes gay marriage and giving the GOP an irresistible midterm talking point about “activist judges”? Heads you win, tails they lose.

At least according to Drudge, not surprisingly, it looks like it’s the latter:

EXCLUSIVE 1:26 PM PT: CA Prop 8 held to be unconstitutional under due process and equal protection. Will be released at 2 PM PT…

Judge strikes down — IN 138 PAGE RULING — ‘Only marriage between a man and a woman is valid or recognized in California’…

JUDGE: PROPOSITION 8 DOES NOT SURVIVE RATIONAL BASIS…

JUDGE: Having considered the trial evidence and the arguments of counsel, the court pursuant to FRCP 52(a) finds that Proposition 8 is unconstitutional and that its enforcement must be enjoined.

‘Proposition 8 places the force of law behind stigmas against gays and lesbians’…

‘Stereotypes and misinformation have resulted in social and legal disadvantages for gays and lesbians’…

JUDGE: THE RIGHT TO MARRY PROTECTS AN INDIVIDUAL’S CHOICE OF MARITAL PARTNER REGARDLESS OF GENDER…

DOMESTIC PARTNERSHIPS DO NOT SATISFY CALIFORNIA’S OBLIGATION TO ALLOW PLAINTIFFS TO MARRY…

For Proposition 8 defenders in California, it’s onward to the Ninth Circus Circuit, and for much of the right in the US, it’s onward to November.