Gay marriage ban unconstitutional | Arkansas Blog

Wednesday, August 4, 2010

Gay marriage ban unconstitutional

Posted By on Wed, Aug 4, 2010 at 3:46 PM

A federal district court ruling will be released this afternoon on the lawsuit challenging the state's voter-approved ban on same-sex marriage. The group supporting the ban has already filed notice of appeal. It apparently expects to lose and has asked that the ban stay in place on appeal.

The case is expected to go to the U.S. Supreme Court and I'd guess the district judge's findings will have little impact on what the Supreme Court ultimately decides.

UPDATE: As expected, the judge has ruled the ban unconstitutional.

The judge said the ban violates the equal protection and due process clauses of the 14th Amendment. From the LA Times:


Ultimately, the judge concluded that 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 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, an appointee of President George H.W. Bush, heard 16 witnesses summoned by opponents of Proposition 8 and two called by proponents during a 2½-week trial in January.

Here's a full review of opinion with many excerpts.

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