Analysis of Prop 8 Decision
Filed by: Nan Hunter
August 5, 2010 9:30 AM
http://www.bilerico.com/2010/08/analysis_of_prop_8_decision.phpWell, round one in the Perry case is almost over. The effect of Judge Vaughn Walker's decision finding that Prop 8 violates both Due Process and Equal Protection guarantees in the U.S. Constitution is stayed until Friday, when he will hear arguments on whether the injunction he granted against enforcement of Prop 8 will continue to be stayed pending appeal.
Walker's opinion is a thorough legal analysis and a comprehensive review of the factual and quasi-factual bases for each side's arguments in the marriage debates. The Due Process violation is that California denies access to a fundamental right and the form of legal recognition considered to be culturally superior - marriage - and offers only an inferior substitute - domestic partnerships. On the Equal Protection claim, Judge Walker finds that Prop 8 discriminates based on sexual orientation, a classification that he would treat as suspect, but he concludes that because Prop 8 lacks a rational basis, there is no reason to reach the question of heightened scrutiny.
