Patt Morrison for August 4, 2010

Proposition 8 is overturned - what do you think?

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The ruling on Proposition 8 is finally in.

"Plaintiffs challenge Proposition 8 under the Due Process and Equal Protection Clauses of the Fourteenth Amendment," Judge Vaughn Walker wrote. "Each challenge is independently meritorious, as Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation."

Vaughn added: "Plaintiffs seek to have the state recognize their committed relationships, and plaintiffs’ relationships are consistent with the core of the history, tradition, and practice of marriage in the United States.“

The judge said the ban "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.”

Guests:

Julie Small, KPCC Sacramento reporter

Erwin Chemerinsky, Dean at the University of California, Irvine School of Law and former attorney for the U.S. Department of Justice

Shannon Minter, legal director at the National Center for Lesbian Rights

Karen England, executive director for Capitol Resource Institute

Geoff Kors, executive director of Equality California

Bruce Hausknecht, judicial analyst at Citizenlink; policy arm of Focus on the Family

Austin Nimocks, senior legal counsel for the Alliance Defense Fund

Evan Gerstmann, Ph.D., J.D., chair of political science at Loyola Marymount University; author of Same-Sex Marriage and the Constitution


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