Sunday, August 8, 2010

Prop 8 ruled unconstitutional as lacking rational basis - Nan Hunter - Professor, Georgetown Law, Washington, DC –hunter of justice

August 4, 2010

Well, round one in the Perry case is almost over. Judge Vaughn Walker issued his decision finding that Prop 8 violates both Due Process and Equal Protection guarantees in the U.S. Constitution. [2010 WL 3025614] The ruling is stayed until Friday, the deadline set by Judge Walker for the parties to submit arguments on whether the injunction he granted against enforcement of Prop 8 will continue to be stayed pending appeal.

The decision finds a Due Process violation in that California denies access to the form of legal recognition considered to be culturally superior - marriage - and offers only an inferior substitute - domestic partnerships. On the Equal Protection claim, Judge Walker finds that Prop 8 discriminates based on sexual orientation, a classification that he would treat as suspect, but he concludes that because Prop 8 lacks a rational basis, there is no reason to reach the question of heightened scrutiny. Read more

Gay Marriage Ruling A Matter of Simple Justice
by Geoffrey R. Stone - law professor at the University of Chicago
Chicago Tribune

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