I'm feeling much better now, thanks

[lillian13]

Proposition 8 supporters just got their asses handed to them.

I heart this judge so much.

Some of my favorite bits:

"PROPOSITION 8 IS UNCONSTITUTIONAL BECAUSE IT DENIES PLAINTIFFS A FUNDAMENTAL RIGHT WITHOUT A LEGITIMATE (MUCH LESS COMPELLING) REASON"

"Gender no longer forms an essential part of marriage; marriage under law is a union of equals."

"Plaintiffs do not seek recognition of a new right. To characterize plaintiffs’ objective as “the right to same-sex marriage” would suggest that plaintiffs seek something different from what opposite-sex couples across the state enjoy — namely, marriage. Rather, plaintiffs ask California to recognize their relationships for what they are: marriages."

"As explained in detail in the equal protection analysis, Proposition 8 cannot withstand rational basis review."

"As presently explained in detail, the Equal Protection Clause renders Proposition 8 unconstitutional under any standard of review."

"Many of the purported interests identified by proponents are nothing more than a fear or unarticulated dislike of same-sex couples. Those interests that are legitimate are unrelated to the classification drawn by Proposition 8. The evidence shows that, by every available metric, opposite-sex couples are not better than their same-sex counterparts; instead, as partners, parents and citizens, opposite-sex couples and same-sex couples are equal. Proposition 8 violates the Equal Protection Clause because it does not treat them equally."

"PRIVATE MORAL VIEW THAT SAME-SEX COUPLES ARE INFERIOR TO OPPOSITE-SEX COUPLES IS NOT A PROPER BASIS FOR LEGISLATION"

"In the absence of a rational basis, what remains of proponents’ case is an inference, amply supported by evidence in the record, that Proposition 8 was premised on the belief that same-sex couples simply are not as good as opposite-sex couples."

AND LASTLY:

"CONCLUSION
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 oppositesex 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."

Comments

[dremiel.livejournal.com]

Isn't that a GORGEOUS ruling! It will be nigh impossible for anyone to challenge the fact-finding here and the appeal will be decided based on these FACTS!

W00t!

Nice to know my country can still make me proud!

[vickita.livejournal.com]

Yes! I love this judge.

::cartwheels::