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Judge Declares Proposition 8 Unconstitutional Walker In a 136-page ruling, Judge Vaughn Walker has declared Proposition 8, the measure banning same-sex marriage in California, unconstitutional under both the due-process and equal-protection clauses. Says the ruling: “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.

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