Prop 8 Roller Coaster in California
Judge Walker issued his rulings and struck down Prop 8 on the basis of violations of due process and equal protections rights:
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...; 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.
But it was all just one giant step forward before an immediate stall:
Although today's Prop 8 ruling said "California is able to issue marriage licenses to same-sex couples," that may not be happening immediately. Supporters of traditional marriage Tuesday night filed papers requesting Federal Judge Vaughn Walker to stay his decision if he ruled banning gay marriage unconstitutional. "A stay is essential to averting the harms that would flow from another purported window of same-sex marriage in California," they wrote.
Yep... Bring on the "GOP Trial Lawyers" and their "frivolous lawsuits" in order to waste the court's time and the state's money while there are real crimes going on everywhere around us and no money to pay for what really needs to be fixed in the USA.