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Opinions:Perry v. Schwarzenegger

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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 as the new supreme court justice change anything?

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

Curious About Ramifications

I only have a Bachelor's in Legal Studies so take this with a grain of salt.  I was very interested in the part of the decision addressing reproductive assistance technology and lack of restrictions by the state to heterosexuals. 

Does this put states on notice that they have to reject procreation arguments against same sex marriage as long as they fail to pass laws restricting access to RAT?

Re: Assisted Reproductive Technology & Perry

Interesting question, Curious Student, maybe you can elaborate? Also, came across this article on assisted reproductive technology--written before the decision:

reproductive technologies and the boundaries of personal autonomy (nature.com)

And here were a couple that mentioned assisted reproductive technology in analyzing the Perry decision.

California Proposition 8 Held Unconstitutional—What Ruling Means for Employers (SHRM.org)

Summary of 80 Findings of Fact in Judge Walker's decision on Proposition 8 (adellefrank.com)

FindLaw Nira 20:23, 31 August 2010 (UTC)


Curious student, FindLaw Brian, FindLaw Nira, FindLaw Sarah