Prop 8 Struck Down

The amendment to the California constitution created by Proposition 8 was struck down today. Here are the key points of the ruling:

• Sexual orientation is a suspect class, requiring strict scrutiny and a compelling state interest for discriminatory laws. Prop 8 is unconstitutional under that standard.
• Even under the lesser "rational basis" standard, Prop 8 fails to be constitutional, since it's only significant purpose is to deny homosexuals rights because they're homosexuals.
• And even if that test wasn't relevant, Prop 8 would still be unconstitutional under the Due Process clause by the same arguments used in Loving v. Virginia.
• A temporary stay of the decision was granted while the judge decides whether to grant a stay of the decision until appeals are complete. Parties in the case have to file their motions for that by Friday. If Judge Walker does not issue a stay himself, the appeals court could still stay the decision pending their ruling.
• The findings of law above could be overturned on appeal, but the appeals court is supposed to respect the findings of fact in the original trial, which are not exactly favorable to the pro-Prop-8 faction.

Full ruling is here. This isn't over yet, though. It's likely a stay will be issued and that the appeal will be appealed to the US Supreme Court, whichever way it goes.