Proposition 8 overturned
Aug. 4th, 2010 04:51 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
topazBecause 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
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Date: 2010-08-04 09:04 pm (UTC)Next up: the Mormons appeal to the 9th Circuit, and ask for a stay of judgment until the appeal is heard. I am hoping, of course, that the stay is thrown out, and given the unequivocal language he used in the judgment, that sounds likely.
Assuming Kagan becomes the next Junior Justice to the Supreme Court, the SCotUS count is current 5-4 in favor of this judgment (Justices Kennedy, Ginsberg, Breyer, Sotomayor, and Kagan vs. Chief Justice Roberts, Sr. Justice Scalia, and Justices Thomas and Alito).
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Date: 2010-08-04 09:50 pm (UTC)(no subject)
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Date: 2010-08-04 09:54 pm (UTC)Reading the decision in as much detail as possible (my eyes did glaze over a little), it sounds as though the pro-8 side could barely find anyone to support them, and so didn't present much of a case. The formal defendants in the government all bowed out; the intervening defendants dropped most of their witnesses, two of whom had their depositions entered by THE OTHER SIDE because they had in fact said only things that supported same-sex marriage...
And it's nice to see the arguments about gay marriage affecting straight marriage dismissed so coldly. It won't let me load the text anymore, but there was something to the effect of "Proposition 8 concerns only the right of certain couples to marry; because it does not provide for any other rights for any other people, striking it down cannot deprive those other people of any rights."
no subject
Date: 2010-08-04 10:59 pm (UTC)