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Breaking: Judge Walker Finds Prop. 8 Unconstitutional. But Will the Decision Stand?

In what appears to be a stunning decision (which I haven't read yet), the U.S. District Court for the Northern District of California has held that Proposition 8 is unconstitutional under both the due process and equal protection clauses. The decision is available here.

According to N.Y. Magazine, the key passage is:

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.

Of course, the concern of many gay rights activists is not that the
plaintiffs would lose at trial, but that they would lose on appeal. And frankly, it's noteworthy whenever a district court concludes that any government justification fails to meet the rational basis test--much less those in connection with so controversial an issue and so historically entrenched a practice. Given that this case is almost certainly going to be decided at the Supreme Court, Judge Walker's decision may sweep too broadly for comfort.

Full post as published by Nuts & Boalts on August 04, 2010 (boomark / email).