Prop 8 Overturned 2010 – Gay Marriage Ban Overturned

Prop 8 Overturned 2010 - A federal judge overturned California's gay-marriage ban Wednesday in a landmark case that could eventually force the U.S. Supreme Court to confront the question of whether same-sex couples have a constitutional right to wed.

The ruling by Chief U.S. District Judge Vaughn Walker touched off a celebration outside the courthouse. Gay couples waved rainbow and American flags and erupted with cheers in the city that has long been a haven for gays.

U.S. District Chief Judge Vaughn R. Walker said Proposition 8, passed by voters in November 2008, violated the federal constitutional rights of gays and lesbians to marry the partners of their choice. His ruling is expected to be appealed to the U.S. 9th Circuit Court of Appeals and then up to the U.S. Supreme Court.

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Walker ruled that Proposition 8 is "unconstitutional under both the due process and equal protection clauses." The court, therefore, "orders entry of judgment permanently enjoining its enforcement." Two key sentences from the ruling:

"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."

But opponents of same-sex marriage hold the opposite view.

According to Alliance Defense Fund Senior Counsel Brian Raum, who represents the official proponents of Proposition 8, in a statement, "We will certainly appeal this disappointing decision, Its impact could be devastating to marriage and the democratic process."

According to legal experts, Prop 8 Overturned is significant. It is the first time a federal court has passed judgment on the issue of same-sex marriage. State courts in such places as Massachusetts, California, and New York have come down on both sides of the issue.

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