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Wednesday, August 04, 2010

Prop 8 Overturned in Federal Court

Proposition 8, the California Constitutional Amendment banning gay couples from participating in the institution of marriage has been overturned in federal court. From the decision:

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. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.

Where is the self-described "tip of the spear" with the "titanium spine"?

Liberty Counsel is blaming the Alliance Defense Fund for the loss.

The screeching and whining from the usual suspects is expected. Pam Spaulding has an amusing collection.

Ruling here.

Dale Carpenter opines on the decision here.