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Calif. judge overturns voter-approved Prop. 8 gay marriage ban

By Michelle Malkin  •  August 4, 2010 04:51 PM

The ruling is here.

From the ruling’s conclusions of law: “Plaintiffs challenge Proposition 8 under the Due Process and Equal Protection Clauses of the 14th Amendment. Each challenge is independently meritorious, as Proposition 8 both unconstitutional burdens the exercise of the fundamental right to marry and creats an irrational classification on the basis of sexual orientation.”

The decision from Judge Vaughn Walker is no surprise if you watched his show trial antics over the last several months.

Prop. 8 supporters are seeking a stay of the ruling:

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.

Analysis and round-ups at Legal Insurrection and Hot Air.

Posted in: Proposition 8