“Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license,” he wrote. “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.”
Walker closed his 136-page opinion by stating that the plaintiffs had demonstrated “by overwhelming evidence” that Proposition 8 violates their due process and equal protection rights. He added that it would continue to do so until state officials stopped enforcing the same-sex marriage ban, and thus, he permanently enjoined their application of it.
However, Walker also temporarily stayed this order. He will choose whether to execute it after the parties present oral arguments on the merits of allowing Proposition 8 to remain in force throughout the defendants’ appeal. A date for this hearing has not yet been set.
Outside the courthouse on Wednesday, about 50 gay marriage supporters carrying signs and flying rainbow flags cheered the ruling.
Please see the link below for the full decision.