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Opinions:Perry v. Schwarzenegger

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Revision as of 09:53, 9 August 2010 by FindLaw Sarah (Talk | contribs)

Should Prop. 8 Have Been Overturned?

Judge Vaughn Walker's decision on Aug. 4, 2010, found Prop 8 unconstitutional under both the Due Process and Equal Protection clauses. 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."

Share your thoughts on this decision below. Is Judge Walker's constitutional analysis correct?

--FindLaw Brian 00:33, 5 August 2010 (UTC)

United States Supreme Court

An appeal of this case was filed on August 5, 2010, with the Ninth Circuit Court of Appeals by the supporters of Proposition 8. However, the Ninth Circuit's finding will likely be appealed by either side, which suggests the Supreme Court will also enter the fray.

How will the court rule? Does having Elena Kagan's position as the new supreme court justice change anything?

FindLaw Sarah 16:19, 9 August 2010 (UTC)

Contributors

Curious student, FindLaw Brian, FindLaw Nira, FindLaw Sarah