A few moments ago, federal Judge Vaughn Walker issued his ruling in the Perry v. Schwarzenegger case. It’s little surprise to anyone who followed the trial proceedings earlier this year, but Judge Walker ruled that the California state constitutional amendment created by Proposition 8 violates the rights of LGBT Californians.

Proposition 8 fails to advance any rational basis in
singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite- sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.

Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8. California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same- sex couples and has not suffered any demonstrated harm as a result, see FF 64-66; moreover, California officials have chosen not to defend Proposition 8 in these proceedings.

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.

Don’t go marrying your dogs just yet, though: Approximately an hour before the decision was released, the National Organization for Marriage filed for a preemptive stay of ruling, on the assumption that Walker ruled against Prop 8. As the issue is extremely controversial, and it is likely that appeals will reach all the way to the Supreme Court, it is possible the request will be granted.