Proposition 8 Is Unconstitutional

With four sweet words, Judge Vaughn Walker hurled a major civil rights victory this afternoon in his ruling in Perry vs. Schwarzenegger, the federal court case challenging the constitutionality of Proposition 8, California's ban on same-sex marriage. Those four words: Proposition 8 is unconstitutional.

OK, so it's three words and a number. But it's no less a potent statement, and one that could down the road set the foundation for nationwide marriage equality.

Here's Judge Walker's take on why Proposition 8 violates the rights of California's gay and lesbian population.

"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," Walker wrote in his ruling. "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."

Wow. Just wow. It's rare that court rulings can move people to euphoria and tears. This is one of them. The PDF of the ruling is after the jump.

The ruling affirms the arguments that attorneys Ted Olson and David Boies both made when they argued the case in January of this year. They demonstrated during the course of the trial that Proposition 8 violated both the due process and equal protection clauses of the U.S. constitution. And Judge Walker's words say exactly that.

Judge Walker concludes in his ruling: "Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8."

More on this story as it develops, including what it means in real time for California same-sex couples. As has been reported, Prop 8 proponents have already filed paperwork to appeal the case, which will now send it up to the Ninth Circuit Court of Appeals in California. But don't let the long road ahead deter you from a victory drink tonight. Judge Walker has just become the first judge in the U.S. to say that marriage bans like Proposition 8 violate the U.S. constitution.

And that should be music to everyone's ears. Please consider signing the action thanking the plaintiff couples.

Prop 8 Ruling FINAL

Photo credit: ProComKelly