Proposition 8 overturned

[topaz]

Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8. The clerk is DIRECTED to enter judgment without bond in favor of plaintiffs and plaintiff-intervenors and against defendants and defendant-intervenors pursuant to FRCP 58.

IT IS SO ORDERED.

http://www.scribd.com/doc/35374462/FF-amp-CL-FINAL

Comments

[wotw]

I do hope we've just ushered in an era of courts taking the 14th amendment seriously.

[feste-sylvain.livejournal.com]

That may well be why the right-wing nut-balls are talking about repealing it.

[docstrange.livejournal.com]

Not likely, since McDonald.

We may have entered an era where the "right" and the "left" are less significant distinctions than "authoritarians" and [whatever the non-politicized opposite would be] are.

[dot_fennel]

I've seen a few writers point out that the decision puts a lot of emphasis on the findings of fact, most of which are pretty specific to the topic at hand.