Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Wednesday, August 4, 2010

Proposition 8 Unconstitutional, Holds Federal District Court

A federal district court decision is expected later today in Perry et al v. Schwarzenegger.  Reportedly, the decision finds California’s Proposition 8 unconstitutional as a violation of due process and equal protection.  Read early media coverage here and here.

UPDATE:  The 136-page opinion is now available here. 

It is very likely that this holding will be appealed to the Ninth Circuit U.S. Court of Appeal, and after that, to the Supreme Court.  Read more news coverage here and here.   


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Proposition 8 Unconstitutional? You mean to tell me that Leviticus, was just the original fundamental Republican (emphasis on mental) who had not made it out of the closet (kinda like Ted Haggard)? Lets face it was not in the Ten Commandments or even addressed by Jesus the son of God, so are we surprised with this ruling, its about time.

Posted by: Linda | Aug 4, 2010 5:52:26 PM

California courts usually hate to overturn ballot propositions so I’m not very hopeful, but obviously I have my fingers crossed and am hoping for good news!

Posted by: Amy | Aug 5, 2010 8:37:28 AM

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