A federal district court in California just ruled Proposition unconstitutional in a 136 page opinion released today. Here are some of my favorite quotes:
"Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses"
"Although Proposition 8 fails to possess even a rational basis, the evidence presented at trial shows that gays and lesbians are the type of minority strict scrutiny was designed to protect"
"The trial record shows that strict scrutiny is the appropriate standard of review to apply to legislative classifications based on sexual orientation. All classifications based on sexual orientation appear suspect, as the evidence shows that California would rarely, if ever, have a reason to categorize individuals based on their sexual orientation. Here, however, strict scrutiny is unnecessary. Proposition 8 fails to survive even rational basis review."
"fundamental rights may not be submitted to [a] vote; they depend on the outcome of no elections.”
"a marriage license is more than a license to have procreative sexual intercourse"