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Legal Commentary
: TalkLeftFederal Court Rules Prop 8 Gay Marriage Ban Unconstitutional
By Big Tent Democrat
Saying that it unfairly targets gay men and women, a federal judge in San Francisco struck down California’s voter-approved ban on same-sex marriage on Wednesday, handing supporters of such unions a temporary victory in a legal battle that seems all but certain to be settled by the Supreme Court.
[. . .] "Proposition 8 cannot survive any level of scrutiny under the Equal Protection Clause," wrote Vaughn R. Walker, the chief judge of the Federal District Court in San Francisco, who heard the case without a jury. "Excluding same-sex couples from marriage is simply not rationally related to a legitimate state interest."
The decision ((PDF).
Full post as published by TalkLeft on August 04, 2010 (boomark / email).
California Supreme Court Proposition 8 Decision
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