It’s official: Prop 8 has been overturned in California. This afternoon, U.S. District Judge Vaughn Walker ruled that the ballot initiative denying marriage rights to same-sex couples was unconstitutional. Proposition 8 was passed in California in November 2008, following a May 2008 decision by the California Supreme Court that allowed for same-sex marriage in the state constitution; Prop 8 amended that law, saying that “only marriage between a man and a woman is valid or recognized in California.” In May 2009, the California Supreme Court upheld Prop 8 but said that the gay marriages that were officiated in the state between May and November 2008 were still considered legal. Meanwhile, lawyers Ted Olson and David Boies brought their case against Prop 8 in front of Judge Walker and argued that it was unconstitutional. In a 136-page ruling, Judge Walker agreed with them. Walker writes:
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.