August 5th, 2010 
Master 
California’s Proposition 8 which denied the gay & lesbian marriages within the state has been slammed down!
CONCLUSION
Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis,the court concludes that Proposition 8 is unconstitutional.
REMEDIES
Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8. California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same-sex couples and has not suffered any demonstrated harm as a result, see FF 64-66; moreover, California officials have chosen not to defend Proposition 8 in these proceedings.
Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8. The clerk is DIRECTED to enter judgment without bond in favor of plaintiffs and plaintiff-intervenors and against defendants anddefendant-intervenors pursuant to FRCP 58.
Of course now it is going to the Supreme Court (religious groups started the process day before ruling came out) and they can decide to either review the case and make a BIG VICTORY ruling for all of us or say the state made it’s decision and let it stand for just CA marriages!
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Gay rights are human rights.Everyone has (or should have) the right to marry who they love without government or societal interference. Marriage doesn’t need to be protected from gay people. Gays pose no threat to anyone’s relationship. Those who say so are only reacting out of fear – without a rational basis. The sheer hypocrisy about ‘protecting marriage’ when many heterosexual people (Congress included) make a mockery out of it on a daily basis needs to it. It’s OK to have an opinion either way about it, but at least let’s be honest about it. I don’t want ANY govt telling me who I can/can’t marry or deny me the same rights heterosexual couples get. As for kids, they’ll be alright. All they need is love, guidance and acceptance. Both gay and straight parents can provide that.