A federal judge on Wednesday, August 4th, ruled that California’s Proposition 8, a voter-approved ban on same-sex marriage, is unconstitutional. But, Chief U.S District Judge Vaughn Walker in San Francisco also granted a temporary stay, which stops his decision from taking immediate effect. The case, Perry et al v. Schwarzenegger et al, can be read in its entirety here.
In this country’s first federal trial on same-sex marriage, Judge Walker stated that Proposition 8 “fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license.” He continued, “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. *** 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. California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same-sex couples and has not suffered any demonstrated harm as a result, see FF 64-66; moreover, California officials have chosen not to defend Proposition 8 in these proceedings.”
In 2008, 52 percent of California’s voters approved Proposition 8, an amendment to the state Constitution.
Particularly significant about Judge Walker’s 136-page decision is that it contains detailed “findings of fact.” This is crucial because only a trial court can make findings of fact. An appeals court has to give great deference to the trial court’s findings of fact. Sixty pages of the Perry decision contain credibility determinations of the trial witnesses and findings of fact.
Most legal experts think that the case is headed to the U.S. Supreme Court after it is appealed to the U.S. Court of Appeals for the 9th Circuit.