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: JURIST - The Paper ChaseFederal judge rules Proposition 8 unconstitutional
By Dwyer Arce
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Many of the purported interests identified by proponents are nothing more than a fear or unarticulated dislike of same-sex couples. Those interests that are legitimate are unrelated to the classification drawn by Proposition 8. The evidence shows that, by every available metric, opposite-sex couples are not better than their same-sex counterparts; instead, as partners, parents and citizens, opposite-sex couples and same-sex couples are equal. Proposition 8 violates the Equal Protection Clause because it does not treat them equally.Following the decision, Walker stayed the ruling until Friday [order, PDF], when he will decide whether to stay the ruling pending appeal. The Alliance Defense Fund [advocacy website], a party defending the law, called the decision [press release] a "disappointing one" which "gut[s] the core of the American democratic system." The organization has stated that it will appeal the case to the Supreme Court if necessary.
In June, the court heard closing arguments in the case [JURIST report], Perry v. Schwarzenegger [case materials]. During closing arguments, the attorneys for the plaintiffs argued that the state ban on same-sex marriage was unconstitutional because it denied same-sex couples a fundamental constitutional right based solely on their sexual orientation. The attorneys argued: "[Marriage] is the right of individuals, not an indulgence dispensed by the State of California, or any state, to favored classes of citizens which could ... be withdrawn[.]" In the closing arguments in defense of Proposition 8, its proponents stressed the importance of the institution of marriage to society as a means to "responsible procreation," arguing that the suggestion that the ban was motivated by an animus toward homosexuals was a "slur on 7 million Californians who supported Proposition 8." Several jurisdictions in the US have legalized same-sex marriage, including the District of Columbia, Vermont, New Hampshire, Iowa, Connecticut, Massachusetts [JURIST reports] and the Coquille Indian Tribe [OregonLive report].
Full post as published by JURIST - The Paper Chase on August 05, 2010 (boomark / email).
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