The Federal Court in San Francisco today overturned Proposition 8’s ban on gay marriage in California, ruling that same sex couples in the state have the right to be married.
Proposition 8 banned same sex marriage just months after the US Supreme Court made it legal. It was found by the Federal Courts to be in violation of the United States constitution due to denying equal rights to its citizens – in particular, its lesbian and gay citizens.
Judge Walker presided over a two-and-a-half week trial in January on the constitutionality of Proposition 8. Lawyers for the plaintiffs argued the ban is not constitutional because it creates two classes of people; One that can get married and another that cannot.
US Judge Vaughn Walker presided over the trial at the start of the year that took nearly three weeks.
Those in favour of Proposition 8 told the courts it was in the public’s interest to ensuring that the union of marriage stays exclusively between opposite sex couples, to promote procreation and the human survival.
Those against Proposition 8 argued that the ban which was passed with 52% of the vote created two classes of people out of it’s citizens, and it was cruelly unconstitutional.
In his ruling Judge Vaughn Walker wrote that the case against Prop 8 demonstrated overwhelming evidence that the ban violated their constitutional rights.
“The state does not have an interest in enforcing private moral or religious beliefs without an accompanying secular purpose… Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license.”
Ellen DeGeneres welcomed the news via Twitter: “This just in: Equality Won!”
Sadly, the ruling may not be the last time we hear about the ban on gay marriage in California. The ruling on Proposition 8 is expected to be appealed in both the Ninth Circuit Court of Appeal and the Supreme Court.






















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