“Proposition 8 cannot survive any level of scrutiny under the Equal Protection Clause,” wrote Mr. Walker. “Excluding same-sex couples from marriage is simply not rationally related to a legitimate state interest.”
Judge Walker immediately stayed his decision pending appeals by proponents of Proposition 8. Proponents confidently predicted that higher courts will be friendlier to their cause. But at least today, proponents of gay marriage are buoyed by the decision.
Read the full opinion here: https://ecf.cand.uscourts.gov/cand/09cv2292/files/09cv2292-ORDER.pdf
Read the New York Times article here: http://www.nytimes.com/2010/08/05/us/05prop.html
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