Patriots Triumph On Marriage Equality Decision
Walker decision moves marriage from the undies to the heart.
“wholly apart from procreation, choice and privacy
play a pivotal role in the marital relationship.” Judge Vaughn Walker U.S. District Court Northern California
Proposition 8, the Defense of Genital Snooping law, has been struck down in court by U.S. District Judge Vaughn Walker. Walker, a legal and economic conservative appointed by George Herbert Walker Bush, is openly gay.
Judge Walker struck down Prop 8 on the grounds that it violated due process and created a special class of person.
Plaintiffs challenge Proposition 8 under the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Each challenge is independently meritorious, as Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation. Judge Walker
There isn’t much to add to Judge Walker’s logic.
Governor Schwarzenegger, who was named as a defendant in the case, applauded Walker’s decision, and urged him to allow the marriages which were precluded under Prop 8. Walker, however, has put a stay on his ruling.
The case will now go to the court of appeals, and then, perhaps, to the Supreme Court. Several Federal courts have ruled against the Defense of Marriage Act, but it is unclear what would prevail under the current court. Court members who are liberal but religious might find against it, while members who are conservative but support privacy rights might support it.
Judge Walker does a lot of things! See HERE